Category Archives: Uncategorized

WIPIP 2019, University of Houston, Copyright panel

Posted on February 12, 2019 by rtushnet

Abandoning Copyrights, Aaron Perzanowski & Dave Fagundes: Unilateral transfer of rights. W/personal property you think about transfer to unknown but discrete third party, but in © abandoned rights are not up for grabs by some new claimant, but rather in … Continue reading →

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100% Natural chicken claims might mislead about antibiotics and other features

Posted on February 5, 2019 by rtushnet

Friends of the Earth v. Sanderson Farms, Inc., 2018 WL 7197394, No. 17-cv-03592-RS (N.D. Cal. Dec. 2, 2018) FOE sued Sanderson, alleging FAL and UCL claims against Sanderson’s “100% Natural” advertising for its chicken, in particular that that the ads … Continue reading →

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En banc court again strikes down sugar-sweetened beverages warning, with divided and divisive reasoning

Posted on February 5, 2019 by rtushnet

American Beverage Ass’ v. City & County of San Francisco, No. 16-16072 (9th Cir. Jan. 31, 2019) After the panel opinion striking down SF’s sugar-sweetened beverages (SSB) disclosure was reheard by the en banc court in light of National Institute … Continue reading →

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False advertising about sperm sales is legal in Georgia, court rules

Posted on February 5, 2019 by rtushnet

Zelt v. Xytex Corp., — Fed.Appx. —-, 2019 WL 423052 (11th Cir. Feb. 4, 2019) Reproductive rights advocates often make the point that legal interventions to prioritize fetal life over all other considerations have collateral consequences far beyond abortion.  As … Continue reading →

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Swinging for the fences: court finds fraud on PTO from false first use date

Posted on January 31, 2019 by rtushnet

Anello Fence, LLC v. VCA Sons, Inc., 2019 WL 351899, No. 13-3074 (JMV) (JBC) (D.N.J. Jan. 28, 2019) “This trademark case arises out of a family dispute over the use of the last name ‘Anello’ in competing outdoor fencing businesses … Continue reading →

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claim to bring original formula of another’s brand back wasn’t nominative fair use

Posted on January 26, 2019 by rtushnet

GlaxoSmithKline LLC v. Laclede, Inc., 2019 WL 293329, No. 18-CV-4945 (JMF) (S.D.N.Y. Jan. 23, 2019) Judge Furman gets another TM case; in his close adherence to precedent he demonstrates some of the current weak points in TM doctrine, here the … Continue reading →

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reality series “Love at First Flight” doesn’t infringe previous web series of same name

Posted on January 17, 2019 by rtushnet

Reflex Media, Inc. v. Pilgrim Studios, Inc., No. CV 18-2260-GW(FFMx), 2018 WL 6566561 (C.D. Cal. Aug. 27, 2018) The court here dismisses trademark/unfair competition and copyright claims against a reality TV show with the same name as Reflex’s earlier YouTube … Continue reading →

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What’s UpCounsel? LegalForce thinks it’s false advertising

Posted on January 15, 2019 by rtushnet

LegalForce RAPC Worldwide P.C. v. UpCounsel, Inc., 2019 WL 160335, No. 18-cv-02573-YGR (N.D. Cal. Jan. 10, 2019) LegalForce’s litigation against various competitors in the trademark registration world continues.  UpCounsel “is an online marketplace for legal services that enables users (primarily … Continue reading →

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FDCA preempts arguments that structure/function claims in fact mislead about disease prevention

Posted on January 11, 2019 by rtushnet

Dachauer v. NBTY, Inc., — F.3d —-, 2019 WL 150016, No. 17-16242 (9th Cir. Jan. 10, 2019) Defendants make vitamin E supplements that claim, on their labels, to “support cardiovascular health” and to “promote[ ] immune function,” “immune health,” “heart … Continue reading →

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Claims in contracts aren’t “advertising or promotion”

Posted on January 11, 2019 by rtushnet

Segerdahl Corp. v. American Litho, Inc., No. 17-cv-3015, 2019 WL 157924 (N.D. Ill. Jan. 10, 2019) This opinion deals with Lanham Act/coordinate state law counterclaims by American Litho against Segerdahl. The parties compete within the direct mail service market, a … Continue reading →

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