Category Archives: Uncategorized

Booking.com isn’t generic, but might find it hard to prove infringement

Booking.com B.V. v. U.S. Patent & Trademark Office, No. 17-2458 (4th Cir. Feb. 4, 2019) In some ways, the biggest change in trademark law since the Lanham Act was adopted was the shift of the courts from accepting prophylactic rules … Continue reading

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better bank battle: false use of (R) can’t support false advertising claim

San Diego County Credit Union v. Citizens Equity First Credit Union, No. 18cv967-GPC(RBB), 2019 WL 446475 (S.D. Cal. Feb. 5, 2019) SDCCU sued CEFCU, its competitor in the credit union market, seeking a declaratory judgment of non-infringement and invalidity of … Continue reading

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Allegedly rigged “review” site was commercial speech, but falsity still not pled

GOLO, LLC v. Higher Health Network, LLC, No. 18-cv-2434-GPC-MSB, 2019 WL 446251 (S.D. Cal. Feb. 5, 2019) GOLO sells a weight loss program and a proprietary supplement to help promote weight loss. HHN defendants published a review of this supplement, … Continue reading

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Allegedly rigged “review” site was commercial speech, but falsity still not pled

GOLO, LLC v. Higher Health Network, LLC, No. 18-cv-2434-GPC-MSB, 2019 WL 446251 (S.D. Cal. Feb. 5, 2019) GOLO sells a weight loss program and a proprietary supplement to help promote weight loss. HHN defendants published a review of this supplement, … Continue reading

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Neighboring farmers have Lanham Act standing where false ads allegedly prompted pesticide use

In re Dicamba Herbicides Litig., MDL No. 2820, 2019 WL 460500 (E.D. Mo. Feb. 6, 2019) Plaintiffs, twenty-one soybean farmers from eight states (Arkansas, Illinois, Kansas, Mississippi, Missouri, Nebraska, South Dakota, and Tennessee), alleged that their soybean crops were damaged … Continue reading

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Alkaline water false advertising claim is unappetizing, court rules

Weiss v. Trader Joe’s Co., No. 8:18-cv-01130-JLS-GJS, 2018 WL 6340758 (C.D. Cal. Nov. 20, 2018) Trader Joe’s sells Alkaline Water, whose label includes: • “pH 9.5 +” • “Our Alkaline Water + Electrolytes is ionized to pH 9.5+.” • “pH … Continue reading

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WIPIP 2019, Plenary (designs)

Whole Designs, Sarah Burstein What is a “design for a useful article”?  TLDR: it’s a whole article.  Egyptian Goddess said the infringement test has to be sameness of appearance. Must appear substantially the same to the ordinary observer. Worst design … Continue reading

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