Category Archives: Uncategorized

ad for a “true story” states an opinion, not a fact, when applied to an expressive work

Posted on August 7, 2018 by rtushnet

Incarcerated Entertainment, LLC v. CNBC LLC, No. 18-480, 2018 WL 3677918 (D. Del. Aug., 2, 2018) Ads for TV shows aren’t immune from false advertising law.  However, “[s]ummarizing an argument or opinion offered within the show is different than a … Continue reading →

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“designed for increased safety” and similar statements aren’t puffery on a motion to dismiss

Posted on August 7, 2018 by rtushnet

Universal Electric Corp. v. Baldwin, No. 17-cv-00842, 2018 WL 3707423 (W.D. Pa. Aug. 3, 2018) UEC “designs and manufactures products for the electrical power distribution industry” and “services the data center, retail, health care, higher education, and industrial markets across … Continue reading →

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Lanham Act covers ads that drug is FDA-approved/has ANDA

Posted on August 7, 2018 by rtushnet

Arbor Pharmaceuticals, LLC v. ANI Pharmaceuticals, Inc., 2018 WL 3677923, No. 17-4910 (D. Minn. Aug. 2, 2018) Arbor sells prescription erythromycin ethylsuccinate for oral suspension, allegedly the only FDA-approved products of their kind on the market. ANI announced the launch … Continue reading →

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Keyword ad buys are fine for less expensive products too, court confirms

Posted on August 7, 2018 by rtushnet

Lasoff v. Amazon.com, Inc., 2018 WL 3720029, — Fed.Appx. —-, 2018 WL 3720029, No. 17-35173 (9th Cir. Aug. 6, 2018) Lasoff sued Amazon and appealed the grant of summary judgment on his trademark infringement and false advertising claims.  He argued … Continue reading →

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Allegations of “copycatting” in high tech industry plausibly accuse target of patent infringement

Posted on July 25, 2018 by rtushnet

Global Tubing LLC v. Tenaris Coiled Tubes LLC, No. 4:17-CV-3299, 2018 WL 3496739 (S.D. Tex. Jul. 20, 2018) The parties compete in the market for coiled tubing products for the oil and gas industry. They and one other company allegedly … Continue reading →

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Plastic not so fantastic: video shot in medical facility didn’t defame or infringe facility’s TM rights

Posted on July 20, 2018 by rtushnet

Weirton Medical Center, Inc. v. Introublezone, Inc., 2018 WL 3458261, J-A06003-18 (Pa. Super. Ct. Jul. 18, 2018) Dr. Craig Richard Oser was a plastic surgeon with staff privileges at plaintiff WMC from 2009 to 2014, making him an employee according … Continue reading →

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non-lawyer’s purchase of “trademark attorney” as a keyword doesn’t itself plausibly deceive consumers

Posted on July 19, 2018 by rtushnet

LegalForce RAPC Worldwide P.C. v. Swyers, No. 17-cv-07318-MMC, 2018 WL 3439371 (N.D. Cal. Jul. 17, 2018) LegalForce alleged that defendants operated “TTC Business Solutions,” providing “trademark related services,” and that they “engag[ed] in the unlawful practice of law” as well … Continue reading →

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Six-year prison sentence for false advertising online

Posted on July 19, 2018 by rtushnet

United States v. Arif, No. 17-1597, 2018 WL 3454467 (1st Cir. Jul. 18, 2018) A reminder that false advertising can be subject to criminal penalties: Mustafa Hassan Arif sold non-prescription drug products that purported to treat or cure hundreds of … Continue reading →

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New on Jotwell: reviewing Virginia Eubanks, Automating Inequality

Posted on July 18, 2018 by rtushnet

Rebecca Tushnet, The Difference Engine: Perpetuating Poverty Through Algorithms, JOTWELL (July 18, 2018) (reviewing Virginia Eubanks, Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (2018)) from Blogger https://ift.tt/2LfQBnN

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ASTM v. PublicResource.org: Trademark

Posted on July 18, 2018 by rtushnet

American Society for Testing and Materials v. Public.Resource.Org, Inc., No. 17-7035 (D.C. Cir. Jul. 17, 2018) Trademark: This was where the district court went very, very wrong—I consider the copyright issues difficult though I have a preferred outcome; the trademark … Continue reading →

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