Category Archives: Uncategorized

Innovation, Justice, and Globalization: A Celebration of J.H. Reichman

Posted on September 27, 2019 by rtushnet

Harvard Law School Opening Keynote Yochai Benkler, Harvard University How do we understand what we do in our field against the background of profoundly increased inequality and stagnation for all but the top 5%, including an unprecedented increase in death … Continue reading →

Posted in Uncategorized | Tagged , , , , , , | Leave a comment

Allergan gets small damages award in case against compounder

Posted on September 26, 2019 by rtushnet

Allergan USA, Inc. v. Imprimis Pharmaceuticals, Inc., 2019 WL 4546897, No. 17-cv-01551-DOC-JDE (C.D. Cal. Aug. 2, 2019) Previous discussion of liability issues in this pharmaco v. compounder false advertising case. After the court awarded partial summary judgment to Allergan (falsity … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

chilling effect: competitor’s name in text of keyword ad requires extreme care

Posted on September 26, 2019 by rtushnet

TSI Prods., Inc. v. Armor All/STP Prods. Co., 2019 WL 4600310, Nos. 17-cv-01131, 18-cv-1682 (MPS) (D. Conn. Sept. 23, 2019) TSI sued defendants for trademark infringement, unfair competition, and false advertising under the Lanham Act; for Sherman Act violations; and … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Inability to quantify damages justifies finding irreparable harm

Posted on September 24, 2019 by rtushnet

Harbor Breeze Corp. v. Newport Landing Sportfishing, Inc., 2019 WL 4570033, No. SACV 17-01613-CJC(DFMx) (C.D. Cal. Aug. 26, 2019) Harbor Breeze won a jury verdict of false advertising against Newport, a competitor in the whale watching tour business, but received … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“studies prove” as puffery?

Posted on September 24, 2019 by rtushnet

Sorry for the photo quality, but I was quite struck by the claim: “Studies Prove That Live Shows Add Years to Your Life. Who Are We to Argue with Science?” Query whether reasonable consumers would receive a “tests prove” message.  … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Laches bars Peloton Magazine’s claim against Peloton

Posted on September 24, 2019 by rtushnet

Move Press, LLC v. Peloton Interactive, Inc., No. LA CV18-01686 JAK (RAOx), 2019 WL 4570018 (C.D. Cal. Sept. 5, 2019) It’s hard to prove reverse confusion!  Featuring a cameo by IP’s own Orly Lobel. Move Press uses PELOTON in connection … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

pharmaco gets summary judgment against compounder on falsity/unlawfulness

Posted on September 23, 2019 by rtushnet

Allergan USA, Inc. v. Imprimis Pharmaceuticals, Inc., 2019 WL 4545960, No. 17-cv-01551-DOC-JDE (C.D. Cal. Mar. 27, 2019) The parties compete in the market for ophthalmic drugs. Imprimis sells its ophthalmic drugs pursuant to Sections 503A and 503B of the FDCA … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

scientific debates can ordinarily be resolved in false advertising cases

Posted on September 23, 2019 by rtushnet

Pax Water Technologies, Inc. v. Medora Corp., 2019 WL 4390567, No. LA CV18-09143 JAK (AGRx) (C.D. Cal. Aug. 5, 2019) The parties compete in the market for water treatment technologies for municipalities, public water agencies and districts, and private parties. … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“Hawaiian” plus imagery isn’t deceptive indication of origin (or is it?)

Posted on September 23, 2019 by rtushnet

Maeda v. Kennedy Endeavors, Inc., No. 18-00459 JAO-WRP, 2019 WL 4544272 (D. Hawai’i Sept. 19, 2019) Kennedy sells “Hawaiian” brand snacks; plaintiffs alleged that the name and packaging misled them into thinking that the snacks were made in Hawai’i from … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Southern Poverty Law Center’s “hate group” designation isn’t false advertising, false association

Posted on September 23, 2019 by rtushnet

Coral Ridge Ministries Media, Inc. v. Amazon.com, Inc., No. 17cv566-MHT, 2019 WL 4547064 (M.D. Ala. Sept. 19, 2019) Coral Ridge sued the Southern Poverty Law Center (SPLC), Amazon.com, and the AmazonSmile Foundation. It alleged that, “because of its religious opposition … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment