Category Archives: Uncategorized

whether a product was discontinued doesn’t relate to its “nature, characteristics, qualities, or geographic origin”

Posted on April 4, 2025 by rtushnet

Memjet Technology Limited v. Vanguard Graphics International, LLC, 2025 WL 976915,  No. 3:23-cv-1810-JES-AHG (S.D. Cal. Apr. 1, 2025) The parties sell digital inkjet products for use in commercial industries. Plaintiffs alleged that defendants disseminated a communication to approximately twenty businesses … Continue reading →

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Reading list: Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study

Posted on April 3, 2025 by rtushnet

Unveiling the Bond Between Artists and Their Work: A Vignette Study 38 Pages Posted: 12 Feb 2025 Last revised: 19 Feb 2025 Margaritha Windisch Date Written: January 31, 2025 Abstract This paper empirically measures the bond between artists and their … Continue reading →

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Canadian-origin “Truffettes de France” are plausibly misleading

Posted on April 2, 2025 by rtushnet

James v. Chocmod USA Inc., 2025 WL 950509, No. 1:22-cv-01435 JLT SKO (E.D. Cal. Mar. 28, 2025) Plaintiffs sued over defendant’s “Truffettes de France” (trans. “Truffles from France”), which are, despite the name, made in Canada. They brought the usual … Continue reading →

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is selling stolen goods trademark infringement?

Posted on April 2, 2025 by rtushnet

Tentantable.com, LLC v. Aljibouri, 2025 WL 959656, No. 22-CV-78-LJV (W.D.N.Y. Mar. 31, 2025) Not sure I’ve seen this before! Is selling stolen goods trademark infringement? No, this court says, and that has to be right. Plaintiffs sell “various inflatable products … Continue reading →

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district court misunderstands “fake sale” claims, finds price not to be a “statement”

Posted on April 2, 2025 by rtushnet

Nguyen v. Lovesac Co., 2025 WL 950511, No. 2:24-cv-01293-TLN-JDP (E.D. Cal. Mar. 28, 2025) Weird decision finding that a price isn’t an actionable representation, which—even if true—ignores the difference between a price and a putative former price represented by a … Continue reading →

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trademark question of the day

Posted on April 2, 2025 by rtushnet

  “One Wing to Rule Them All” ad from Moby Dick. “Marinated in Moby’s secret spices and flame-kissed to perfectoin, these delicious wings have the power to put fellowships at risk!” from Blogger http://tushnet.blogspot.com/2025/04/trademark-question-of-day.html

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advertising game device’s legality amidst gambling prosecutions could violate the Lanham Act

Posted on April 1, 2025 by rtushnet

TNT Amusements, Inc. v. Torch Electronics, LLC, 2025 WL 947506, No. 4:23-CV-330-JAR (E.D. Mo. Mar. 28, 2025) The parties compete in the market for “retail amusement devices.” TNT owns and leases out traditional arcade games and similar amusement equipment (e.g., … Continue reading →

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game over for allegations relating to misattributed/distorted consumer complaints

Posted on March 28, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 918411, 24cv1646(DLC) (S.D.N.Y. Mar. 26, 2025) Previously, the court partially granted Skillz’s motion to dismiss Papaya’s amended counterclaims; Papaya sought leave to file further amended counterclaims, which the court denied. The … Continue reading →

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honey producers have statutory standing to challenge Bayer’s claims to direct purchasers that herbicides were safe

Posted on March 26, 2025 by rtushnet

Coy’s Honey Farm, Inc. v. Bayer Corp., MDL No.:1:18-md-02820-SNLJ, No. 1:21-CV-089-SNLJ, 2025 WL 901264 (E.D. Mo. Mar. 25, 2025) Coy’s s a beekeeping and honey-producing operation. It alleged that dicamba-based herbicide products, including those produced by defendants, moved away from … Continue reading →

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National Republican Senatorial Committee loses ROP/Lanham Act/UCL claims against alleged “Scam PAC”

Posted on March 20, 2025 by rtushnet

National Republican Senatorial Committee v. Red Senate, 2025 WL 819711, No. 8:24-cv-02301-JVS-KES (C.D. Cal. Jan. 14, 2025) NRSC sued Red State, alleging that it was exploiting Senator Rick Scott’s “name, image, and likeness without his consent to deceive and scam … Continue reading →

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