Category Archives: Uncategorized

SCOTUSblog symposium on Tam

Posted on December 19, 2016 by rtushnet

My contribution is here. from Blogger http://ift.tt/2h498VL

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Facebook, Twitter fans could substitute for sales to show secondary meaning, 6th Cir. rules

Posted on December 19, 2016 by rtushnet

Kibler v. Hall, No. 15-2516 (6th Cir. Dec. 13, 2016) Lee Jason Kibler, a disc jockey, sued Robert Bryson Hall, II, a rapper, and professional entities supporting Hall’s work for trademark infringement and dilution.  Kibler has performed and released several … Continue reading →

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Facebook, Twitter fans could substitute for sales to show secondary meaning, 6th Cir. rules

Posted on December 19, 2016 by rtushnet

Kibler v. Hall, No. 15-2516 (6th Cir. Dec. 13, 2016) Lee Jason Kibler, a disc jockey, sued Robert Bryson Hall, II, a rapper, and professional entities supporting Hall’s work for trademark infringement and dilution.  Kibler has performed and released several … Continue reading →

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Can bait & switch cause actionable harm even though the consumer knows the price at checkout?

Posted on December 19, 2016 by rtushnet

Veera v. Banana Republic, LLC, — Cal.Rptr.3d —-, 2016 WL 7242539, No. B270796 (Ct. App. Dec. 15, 2016) This decision, over a dissent, finds standing under the usual California statutory claims to challenge an alleged bait-and-switch scheme by Banana Republic, … Continue reading →

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Trademark/(c)/ROP question of the day, Stephen King edition

Posted on December 16, 2016 by rtushnet

This is a book bag.  Get it?  I wish it were a little bigger, but boy does it look nice.  What’s the appropriate rights analysis? from Blogger http://ift.tt/2hE68fH

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Falsely claiming TM ownership isn’t false advertising, court rules

Posted on December 16, 2016 by rtushnet

Dille Family Trust v. Nowlan Family Trust, No. 15-6231, 2016 WL 7202073 (E.D. Pa. Apr. 21, 2016) There’s a pattern in the ED Pa where they put all the legal analysis in a big footnote in the order granting a … Continue reading →

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Second Circuit will trust FDA on drug facts, not on misleadingness

Posted on December 16, 2016 by rtushnet

Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics, GmBH, 2016 WL 7131177, No. 15-2411, — F.3d – (2d Cir. 2016) (as amended on denial of reh’g Dec. 5, 2016) Original opinion discussed here; the court amended the opinion … Continue reading →

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Exposure to false advertising doesn’t create Article III standing

Posted on December 16, 2016 by rtushnet

Truthinadvertisingenforcers.com v. Dish Network, LLC, No. 8:16–cv–2366, 2016 WL 7230955 (M.D. Fla. Dec. 14, 2016) Pro se plaintiff TruthInAdvertisingEnforcers.com is a website solely owned by Gerald Collette, who received the advertisements at issue at his residence. Defendants include five internet … Continue reading →

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When does a false advertising case create a right to a jury trial?

Posted on December 15, 2016 by rtushnet

Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., — F.Supp.3d —-, 2016 WL 7223279, No. 13–12553 (D. Mass. Dec. 13, 2016) The parties compete for the market in products used for bowel preparation before colonoscopies, and each alleged that the other … Continue reading →

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Business betrayal isn’t false advertising, could be TM infringement

Posted on December 15, 2016 by rtushnet

Kische USA LLC v. Simsek, 2016 WL 7212534, No. C16-0168JLR (W.D. Wash. Dec. 13, 2016) Kische alleged that former employees—Mr. Simsek and Ms. Walker—abused their positions to misappropriate Kische’s assets and found JD Stellar, a competing business. Kische accused Costanza, … Continue reading →

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