Category Archives: Uncategorized

London sights for TM aficionados

Posted on August 6, 2019 by rtushnet

Pictures taken while traveling. The geographic attractiveness of the “American” carwash is enhanced by the slogan “The Cadillac of London car washes.” Adidas/marijuana leaf in center. from Blogger https://ift.tt/2YEtYQH

Posted in Uncategorized | Tagged | Leave a comment

false advertising trolling, consumer protection, or both

Posted on August 3, 2019 by rtushnet

I wrote about a couple of cases filed by a supplement maker, Outlaw, against retailers that sold allegedly unlawful “male enhancement” supplements that the FDA has issued warnings on—sometimes the “supplements” illegally contain pharmaceuticals like sildenafil (active ingredient in Viagra).  … Continue reading →

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

C&D to competitor’s clients can be “commercial advertising & promotion”

Posted on July 30, 2019 by rtushnet

Matonis v. Care Holdings Gp., L.L.C., No. 19-cv-20247-UU, 2019 WL 3386378 (S.D. Fla. Jul. 25, 2019) The defendant Care Companies engage in healthcare management consulting, “advising healthcare providers on, inter alia, patient intake strategies and revenue management.”  Plaintiff Matonis is … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

California SCt rejects record-keeping ascertainability requirement

Posted on July 30, 2019 by rtushnet

Noel v. Thrifty Payless, Inc., — P.3d —-, 2019 WL 3403895, S246490 (Cal. Jul. 29, 2019) Noel brought a putative class action on behalf of retail purchasers of an inflatable outdoor pool sold in packaging that allegedly misled buyers about … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Amicus brief in Smith v. Drake fair use case

Posted on July 23, 2019 by rtushnet

With the able assistance of UCI’s IP clinic, led by Jack Lerner, I worked on an amicus brief in this case arguing that fair use should continue to be a flexible standard that accommodates various types of transformativeness. The brief … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Ornamental use of pun is aesthetically functional (defendant-side functionality in the wild!)

Posted on July 23, 2019 by rtushnet

LTTB LLC v. Redbubble, Inc., No.  18-cv-00509-RS (N.D. Cal. Jul. 12, 2019) Defendant-side functionality! This is a concept I’ve been arguing exists for years (see, e.g., the result in Louboutin v. YSL), and now it is no longer immanent in … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Duck, duck, noninfringement: TM and (c) claims over distinct duck designs fail

Posted on July 23, 2019 by rtushnet

Great American Duck Races Inc. v. Kangaroo Mf’g Inc., No. CV-17-00212-PHX-ROS (D. Ariz. Jul. 19, 2019) Despite some bad reasoning equating intent to compete with (relevant) intent to confuse, the court rejects bad copyright and trademark claims based on the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Lysol can’t quickly clean up this mess of anti-Clorox ads

Posted on July 19, 2019 by rtushnet

Clorox Co. v. Reckitt Benckiser Gp. PLC, 2019 WL 3068322, No. 19-cv-01452-EMC (N.D. Cal. Jul. 12, 2019) Clorox sued Reckitt for false advertising of its Lysol cleaning products under the Lanham Act and California’s UCL/FAL. The court found tiny parts … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Monster Energy can’t show falsity, can show tortious interference (but not irreparable injury)

Posted on July 19, 2019 by rtushnet

Monster Energy Co. v. Vital Pharmaceuticals, Inc., 2019 WL 3099711, No. EDCV 18-1882 JGB (SHKx) (C.D. Cal. Jun. 17, 2019) The court denied a preliminary injunction on Monster’s claim that Vital falsely advertised its “Super Creatine” as “creatine,” because there … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

TrueCar’s false claims not subject to car dealers’ challenge without evidence of injury

Posted on July 19, 2019 by rtushnet

Dependable Sales & Service, Inc. v. Truecar, Inc., 2019 WL 3067115, No. 15-cv-1742 (PKC) (S.D.N.Y. Jul. 12, 2019) Lots of prior rulings about various aspects of this false advertising claim in the general field of auto sales. TrueCar successfully moved … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment