Category Archives: Uncategorized

UK ASA rejects “#sp” as insufficient to show editorial control over endorser

Posted on November 18, 2015 by rtushnet

From a ruling on a sponsored Instagram post for Britvic soft drinks: We considered consumers needed to be aware that they were viewing marketing content prior to engagement, meaning that they should know that they were selecting an ad to … Continue reading →

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Trademark question of the day, Hamilton edition

Posted on November 17, 2015 by rtushnet

Yes, this is a Hamilton blog for the foreseeable future.  As they say, sorry not sorry.  Last night, Bernie Sanders sent me this email: Fellow Hamiltunes fans (many of whom are almost certainly in Sanders’ target demographic, like me) will … Continue reading →

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Manufacturer not liable for distributor’s false ads

Posted on November 17, 2015 by rtushnet

GOJO Industries, Inc. v. Innovative Biodefense, Inc., 2015 WL 7019836, No. 15 Civ. 2946 (S.D.N.Y. Nov. 12, 2015)   Defendant IBD moved for a preliminary injunction against GOJO and nonparty distributors of GOJO products barring them from making representations that … Continue reading →

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Christmas in November: No TRO for alleged false advertising because no showing of irreparable harm

Posted on November 17, 2015 by rtushnet

Balsam Brands Inc. v. Cinmar, LLC, 2015 WL 7015417, No. 15-cv-04829 (N.D. Cal. Nov. 12, 2015)   Balsam sought a TRO based on claimed patent rights in an invertible artificial Christmas tree, the “Flip Tree,” that includes a “pivot joint” … Continue reading →

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Up stone creek without a paddle: Dawn Donut precludes relief for distant plaintiff

Posted on November 16, 2015 by rtushnet

Stone Creek Inc. v. Omnia Italian Design Inc., 2015 WL 6865704, No. CV-13-00688 (D. Az. Nov. 9, 2015)   Stone Creek makes and sells furniture in Arizona, operating only out of Phoenix, except for a short-lived 2004-2008 expansion to Dallas, … Continue reading →

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FTC is entitled to presumption of reliance in enforcing consent order

Posted on November 10, 2015 by rtushnet

FTC v. BlueHippo Funding, LLC, No. 1:08-cv-01819 (S.D.N.Y. Nov. 6, 2015)   BlueHippo stipulated to a final judgment and permanent injunction against certain sales practices.  The FTC moved for a contempt finding based on the practices described below, which was … Continue reading →

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Why we need an anti-SLAPP law: skeptic’s articles still not commercial speech

Posted on November 9, 2015 by rtushnet

Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 6777458 (S.D. Fla. Sept. 30, 2015)   This case is a good example of the need for a federal anti-SLAPP statute.  Although many claims have been dismissed, the court here finally resolved Lanham … Continue reading →

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Instant lack of gratification: coffee class certified

Posted on November 5, 2015 by rtushnet

Suchanek v. Sturm Foods, Inc., 2015 WL 6689359, No. 11-CV-565 (S.D. Ill. Nov. 3, 2015)   After the district court’s initial dismissal of this class action case was resoundingly reversed, the case returned and was here certified by a new … Continue reading →

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estimated retail value claim isn’t puffery

Posted on November 5, 2015 by rtushnet

Kabbash v. Jewelry Channel, Inc. USA, 2015 WL 6690236 (C.D. Cal. Nov. 2, 2015)   Holding of most general interest: “Estimated retail value” statements and statements of discount or savings amounts at check-out where the discount calculations were based on … Continue reading →

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Transformative work of the day, Star Wars (not extended) edition

Posted on November 5, 2015 by rtushnet

Galactic History, or Galactic Folk Tale?, by Max Gladstone/Doctor Flox Beelthrak & Djane Lel (PS: Fantasy fans, check out Gladstone’s Craft series, where magic works like law, in that magicians are litigators and contract drafters, and loopholes can do you … Continue reading →

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