Category Archives: Uncategorized

individual pitches/RFPs are advertising/promotion, but not user support/FAQ pages

Posted on December 2, 2024 by rtushnet

Spotlight Ticket Management, Inc. v. Concierge Live LLC, No. 2:24-cv-00859-WLH-SSC, 2024 WL 4866813 (C.D. Cal. Aug. 30, 2024) Spotlight provides ticket and event management enterprise solutions. It entered into an exclusive agreement with Ticketmaster, a ticket sales and distribution company, … Continue reading →

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omitting serving size on package front may mislead if dosage suggests per-gummy dose

Posted on November 25, 2024 by rtushnet

Tarvin v. Olly Pub. Ben. Corp., 2024 WL 4866271, — F.Supp.3d —-, No. 2:24-cv-06261-WLH-PD (C.D. Cal. Nov. 12, 2024) Olly makes dietary supplements, e.g., “Sleep Extra Strength Melatonin 5 mg.” Each product includes the dosage amount and the net quantity … Continue reading →

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My latest acquisition

Posted on November 18, 2024 by rtushnet

 They’re even in my size! Heavy, but not as hard to walk in as I feared. from Blogger http://tushnet.blogspot.com/2024/11/my-latest-acquisition.html

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Reading list: Mala Chatterjee, Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright

Posted on November 13, 2024 by rtushnet

 Recommended! Short and thought-provoking. Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright Cambridge Volume on Intellectual Property & Private Law (forthcoming 2024) 15 Pages Posted: 2 Aug 2024 Mala Chatterjee Columbia Law School Date Written: July 22, 2024 … Continue reading →

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coordinated campaign to disparage grain-free & other pet food not actionable under Lanham Act

Posted on November 11, 2024 by rtushnet

Ketonatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., 2024 WL 4679219, No. 24-2046-KHV (D. Kan. Nov. 4, 2024) Ketonatural is a start-up that sells grain-free pet food, treats, and supplements. Hill’s is a large pet food company that makes … Continue reading →

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Another ROP amicus

Posted on October 29, 2024 by rtushnet

Nolen v. PeopleConnect, arguing that ROP laws applied to noncommercial speech like reprinting high school yearbooks are generally unconstitutional.  from Blogger http://tushnet.blogspot.com/2024/10/another-rop-amicus.html

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Timeshare company’s own “exit” program for “qualified” owners isn’t misleading even if broadly unavailable

Posted on October 29, 2024 by rtushnet

Wesley Financial Gp. v. Westgate Resorts, Ltd., 2024 WL 4581512, No. 6:23-cv-2347-RBD-LHP (M.D. Fla. Aug. 28, 2024) A rare timeshare exit company lawsuit against a timeshare developer, alleging false advertising and related claims. It’s unsuccessful but points to practices that … Continue reading →

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when weak TM claims do better than seemingly strong false advertising claims

Posted on October 28, 2024 by rtushnet

Sanho Corp. v. Kaijet Technol. Int’l, 2024 WL 4553279, — F.Supp.3d —-, No. 1:18-cv-05385-SDG (N.D. Ga. May 20, 2024) Note: A jury found Kaijet liable for design patent and copyright infringement after this opinion, but rejected the TM claims, which … Continue reading →

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Revisiting Ty v. GMA

Posted on October 22, 2024 by rtushnet

 Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167 (7th Cir. 1997), features dueling bean bag animals. I’ve never been convinced the two pigs at issue were substantially similar, even in staged pictures, but Harvard’s amazing librarians finally dug up … Continue reading →

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Laches as to direct liability also precludes contributory liability

Posted on October 18, 2024 by rtushnet

Hawaii Foodservice Alliance, LLC v. Meadow Gold Dairies Hawaii, LLC, — F.Supp.3d —-, 2024 WL 2834159, No. 21-00460 LEK-WRP (D. Hawai’I Jun. 4, 2024) Interesting contributory liability issue in its interaction with laches. At the core, plaintiff alleged that defendant … Continue reading →

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