Category Archives: Uncategorized

Twitter news

Posted on September 13, 2017 by rtushnet

An enterprising law student is livetweeting from the ABA’s Trademark Day at the PTO, @stemlak  Also, I’m now Twitter verified, which has yet to change my life, but I have hopes. from Blogger http://ift.tt/2wpTRkX

Posted in Uncategorized | Tagged | Leave a comment

“Next Up In Apple/Samsung Smartphone Wars: Design Patent Remedies Following The SCOTUS Decision”

Posted on September 13, 2017 by rtushnet

Panel at the National Press Club RT: Huge debt to Sarah Burstein’s work, the best and most scholarly work on the subject—says things that aren’t clearly on either “side” of the present dispute, but I find persuasive.  Her conclusion based … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Allegedly disingenuous “not for human consumption” label can’t avoid supplement false ad. claims

Posted on September 12, 2017 by rtushnet

Nutrition Distribution LLC v. PEP Research, LLC, No. 16cv2328, 2017 WL 3972509 (S.D. Cal. Sept. 7, 2017) Plaintiff sells natural supplements, specifically for bodybuilding.  It alleged that its natural supplements directly competed with PEP’s “Research Chemicals.”  PEP allegedly falsely advertised … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Panel on design patent remedies, Sept. 13

Posted on September 7, 2017 by rtushnet

“Next Up In Apple/Samsung Smartphone Wars: Design Patent Remedies Following The SCOTUS Decision” Wednesday, September 13th 9:00am – 10:30am The National Press Club Zenger Room 529 14th Street NW Speakers include: Carl Cecere, Counsel, Hispanic Leadership Fund and the National … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

False indication of Hawaiian origin might violate consumer protection law, not warranty

Posted on September 5, 2017 by rtushnet

Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027, 2017 WL 3838453 (N.D. Cal. Sept. 1, 2017) “Hawaii is a state as well as a state of mind. When adults want to escape the mainland, they can go to their local … Continue reading →

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

More outlet cases: traditional price claims survive; value claims are harder

Posted on September 1, 2017 by rtushnet

Two cases: Dennis v. Ralph Lauren Corp., 2017 WL 3732103, No. 16cv1056 (S.D. Cal. Aug. 29, 2017) Plaintiff stated a consumer protection claim by alleging that Polo Ralph Lauren’s clothing sold at factory stores uses a price tag which represents … Continue reading →

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

Outlet sales of outlet-only clothes under brand name aren’t inherently deceptive

Posted on August 31, 2017 by rtushnet

Rubenstein v. The Gap, Inc., — Cal.Rptr.3d —-, No. B272356, 2017 WL 3634212 (Ct. App. Aug. 24, 2017) The court affirmed the trial court’s dismissal of a claim against the Gap for selling lesser-quality products at its Gap and Banana … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

name alone doesn’t ID average people in internet search ROP case, court rules

Posted on August 31, 2017 by rtushnet

Dobrowolski v. Intelius, Inc., No. 17 CV 1406, 2017 WL 3720170 (N.D. Ill. Aug. 29, 2017) Defendants sell online reports on people using information compiled from public records and other sources.  When a consumer uses a search engine to search … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Comparison to former licensor’s products isn’t trademark infringement

Posted on August 30, 2017 by rtushnet

Alpha Pro Tech, Inc. v. VWR Int’l, LLC, No. 12-1615, 2017 WL 3671264 (E.D. Pa. Aug. 23, 2017) APT sued VWR, a competitor in the market for nonwoven, disposable laboratory apparel for use in clean rooms and similar environments. VWR … Continue reading →

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

“100% grated parmesan cheese” doesn’t have to be all cheese, court rules

Posted on August 30, 2017 by rtushnet

In re: 100% Grated Parmesan Cheese Marketing & Sales Practices Litig., 2017 WL 3642076, No. 16 C 5802, MDL 2705 (N.D. Ill. Aug. 24, 2017) Ah, implicature, how I wish judges understood you.  A product labeled “100% Grated Parmesan Cheese” … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment