Category Archives: Uncategorized

“One A Day” conveys that consumers need take only one a day, Cal. court holds

Posted on September 13, 2018 by rtushnet

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading →

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

“One A Day” conveys that consumers need take only one a day, Cal. court holds

Posted on September 12, 2018 by rtushnet

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading →

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

court requires survey evidence in consumer protection case, importing Lanham Act doctrine

Posted on September 7, 2018 by rtushnet

Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018) Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

court requires survey evidence in consumer protection case, importing Lanham Act doctrine

Posted on September 6, 2018 by rtushnet

Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018) Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

Posted on September 4, 2018 by rtushnet

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading →

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

Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

Posted on September 4, 2018 by rtushnet

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading →

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

Trader Joe’s truffle flavored oil was too cheap for reasonable consumers to think it real

Posted on September 4, 2018 by rtushnet

Brumfield v. Trader Joe’s Co., 2018 WL 4168956, No. 17 Civ. 3239 (LGS) (S.D.N.Y. Aug. 30, 2018) Brumfield alleged that Trader Joe’s “Black Truffle Flavored Extra Virgin Olive Oil” contains no actual black truffle, but instead contains 2,4-dithiapentane, a petroleum … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Sony’s claim that Michael Jackson performed songs on album was just its opinion

Posted on August 30, 2018 by rtushnet

Serova v. Sony Music Entertainment, — Cal.Rptr.3d —- , 2018 WL 4090622, No. B280526 (Ct. App. Aug. 28, 2018) [This case says a bunch of stuff that’s way too broad for the facts; people who are concerned about things like … Continue reading →

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

Amicus seeking rehearing in Honey Badger case

Posted on August 28, 2018 by rtushnet

Mark Lemley, Mark McKenna, and I wrote a brief in support of rehearing.  Here’s hoping! from Blogger https://ift.tt/2BVQpGR

Posted in Uncategorized | Tagged , , | Leave a comment

Nominative fair use defense in 2d Cir goes about as well as you’d expect on motion to dismiss

Posted on August 28, 2018 by rtushnet

Excelsior College v. Wolff, 2018 WL 3964703, No. 17-CV-0011 (N.D.N.Y. Aug. 16, 2018) Excelsior alleged that Wolff infringed its rights by advertising and selling a test preparation service that uses Excelsior’s registered marks and copyrighted material for a Clinical Performance … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment