Category Archives: Uncategorized

Pod save the claim: “sportspods” competition leads to false advertising, TM claims

Posted on March 9, 2018 by rtushnet

Anthem Sports, LLC v. Under the Weather, LLC, 2018 WL 1175406, No. 17cv596 (D. Conn. Mar. 6, 2018) Anthem and UTW compete in the market for “sportspods,” small tents for viewing outdoor sporting events during inclement weather. I won’t discuss … Continue reading →

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unauthorized sale of model’s photos leads to internally inconsistent TM/ROP ruling

Posted on March 9, 2018 by rtushnet

Passelaigue v. Getty Images (US), Inc., 2018 WL 1156011, No. 16-CV-1362 (S.D.N.Y. Mar. 1, 2018) Elodie Passelaigue is a professional fashion model who sued under the Lanham Act, Washington state law, and New York law against Getty, Bill Diodato Photography, … Continue reading →

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Falsity claim isn’t the ticket for cancelled concert

Posted on March 5, 2018 by rtushnet

Universal Attractions, Inc. v. Live Nation Entertainment, Inc., 2018 WL 1089747, No. 17 Civ. 3782 (S.D.N.Y. Feb. 12, 2018) Universal, an entertainment company, produced the I Love the 90’s tour, a series of concerts by various artists from the 1990s. … Continue reading →

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Article in Judges’ Journal is opinion, not actionable under defamation or false advertising law

Posted on February 28, 2018 by rtushnet

Board of Forensic Document Document Examiners, Inc. v. American Bar Ass’n, No. 17 C 01130, 2018 WL 1014510 (N.D. Ill. Feb. 22, 2018) The Board of Forensic Document Examiners, and seven of its members, alleged defamation by an article appearing … Continue reading →

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NY AG proceeds against Charter for throttling providers while boasting of internet speeds

Posted on February 27, 2018 by rtushnet

 People v. Charter Communications, Inc., No. 450318/2017 (N.Y. Sup. Ct. Feb. 16, 2018) Charter allegedly defrauded New York consumers by promising high-speed Internet services and reliable access to online content that it knew it couldn’t or wouldn’t deliver, in violation … Continue reading →

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Reading list: further on global mandatory fair use

Posted on February 27, 2018 by rtushnet

Tanya Aplin & Lionel A. F. Bently, Displacing the Dominance of the Three-Step Test: The Role of Global, Mandatory Fair Use, Forthcoming in Wee Loon Ng, Haochen Sun, and Shyam Balganesh (eds) Comparative Aspects of Limitations and Exceptions in Copyright … Continue reading →

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University-adjacent is not university-approved in supplement ads

Posted on February 27, 2018 by rtushnet

Obesity Research Institute, LLC v. Fiber Research International, LLC, 2018 WL 1001089, No. 15-cv-00595 (S.D. Cal. Feb. 21, 2018) Despite the high-falutin’ names, the parties compete in the market for glucomannan dietary supplements. Glucomannan is a soluble-viscous fiber derived from … Continue reading →

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Crowning inglory: no trade dress in short-lived ads

Posted on February 27, 2018 by rtushnet

EZ Pedo, Inc. v. Mayclin Dental Studio, Inc., No. 16-cv-00731, 2018 WL 934552 (E.D. Cal. Feb. 15, 2018) EZ-Pedo sells “prefabricated pediatric zirconia crowns,” which are colorless, durable, all-ceramic crowns that mask disfiguration or stains on children’s teeth. Mayclin sells … Continue reading →

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Sanderson can’t chicken out of false advertising claims

Posted on February 26, 2018 by rtushnet

Organic Consumers Assoc. v. Sanderson Farms, Inc., 2018 WL 922247, No. 17-cv-03592 (N.D. Cal. Feb. 9, 2018) OCA sued Sanderson, a poultry processor, over ads that allegedly mislead consumers about the nature of Sanderson’s chicken products and farming practices. OCA … Continue reading →

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claiming to provide services then referring out can be false advertising, but P must still show harm

Posted on February 26, 2018 by rtushnet

Larry Pitt & Associates v. Lundy Law LLP, No.. 13-2398, — F.Supp.3d —-, 2018 WL 925011 (E.D. Pa. Feb. 15, 2018) The parties are Philadelphia-area law firms that advertise for personal injury, social security, and workers’ compensation cases. Pitt sued … Continue reading →

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