Category Archives: Uncategorized

Drop-shipper’s “in stock” and “trust us over others” claims not shown to be deceptive

Posted on March 10, 2023 by rtushnet

Krikor v. Sports Mall, LLC, 2023 WL 2372068, No. CV 22-5600-DMG (MRWx) (C.D. Cal. Jan. 24, 2023) Previous decision here—really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with … Continue reading →

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UCL claim could be based on lost opportunity to register trademark

Posted on March 10, 2023 by rtushnet

Zamfir v. CasperLabs, LLC, 2023 WL 2415262, No. 21-CV-474 TWR (AHG) (S.D. Cal. Mar. 8, 2023) Previous ruling. Zamfir, a blockchain researcher, alleged that he was known for his proof-of-stake (PoS) protocol; he adopted the name “Casper” for the research … Continue reading →

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Reminder: teaching first-generation students, free HLS webinar at 12 noon EST

Posted on March 10, 2023 by rtushnet

Teaching First-Generation Law Students https://ift.tt/g3lKCtU First-generation students face unique challenges. Anthony Abraham Jack’s The Privileged Poor recently highlighted many of the invisible-to-professors barriers such students, especially first-generation students of color, face in college. What about when those students go to … Continue reading →

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“maximum strength” OTC claim plausibly misleading where prescription strength was stronger

Posted on March 6, 2023 by rtushnet

Acosta-Aguayo v. Walgreen Co., No. 22-cv-00177, 2023 WL 2333300 (N.D. Ill. Mar. 2, 2023) Plaintiffs alleged that three of Walgreens’ pain-relieving products mislead consumers because the products’ front labels state that they are “Maximum Strength” lidocaine products, but stronger prescription … Continue reading →

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materiality/damages requirements continue to make false advertising harder to win than TM cases

Posted on March 3, 2023 by rtushnet

TRUSTID, Inc. v. Next Caller, Inc., 2023 WL 2298748, 2022-1433 (Fed. Cir. Mar. 1, 2023) Discussion of some district court proceedings here. TRUSTID lost both patent infringement and Lanham Act false advertising claims. I’ll only discuss the latter.  TRUSTID developed … Continue reading →

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Two teaching events: teaching first-generation students and developing professionalism in students

Posted on March 1, 2023 by rtushnet

Please circulate widely! Anyone with an interest in teaching is invited to this free Harvard Law School webinar in which expert teachers share their insights. Teaching First-Generation Students  March 10, Noon EST– register here. First-generation students face unique challenges. Anthony Abraham … Continue reading →

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Trademark question of the day, Harvard edition

Posted on February 28, 2023 by rtushnet

 When I was younger, I had a shirt that had VE RI OLD in the traditional Harvard shield configuration. The local burrito place just rolled these out, and I love them: from Blogger http://tushnet.blogspot.com/2023/02/trademark-question-of-day-harvard.html

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COVID-related communications are ads where they tout D’s services

Posted on February 28, 2023 by rtushnet

Steven A. Conner DPM, P.C. v. Fox Rehabilitation Servs., P.C., 2023 WL 2226781, No. 2:21-cv-1580-MMB (E.D. Pa. Feb. 24, 2023) Conner is a podiatrist who uses a fax machine at his practice for treating patients, primarily as a communication destination … Continue reading →

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Fourteenth Trademark Scholars’ Roundtable, part 3 (Evidence)

Posted on February 25, 2023 by rtushnet

Changes in Trademark Law and Evidentiary Rules Introduction:   Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Sometimes rejecting surveys seems like judicial notice—“cola” as generic; the court doesn’t want to hear contrary survey evidence. Some objections … Continue reading →

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Fourteenth Trademark Scholars Roundtable, part 2

Posted on February 25, 2023 by rtushnet

 Session 2:        Responding to Anachronisms Introduction:   Mike Grynberg VIP may tell us a lot about what the potentials are. Incrementalism: read Lanham Act along with other things like its common law foundations and First Amendment principles—not empty formalism; recognize normative … Continue reading →

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