Category Archives: Uncategorized

FTC wins summary judgment for violations of shipping Rule and Covid Consumer Protection Act

Posted on March 13, 2023 by rtushnet

F.T.C. v. Romero, 2023 WL 2445339, No. 5:21-cv-343-BJD-PRL (M.D. Fla. Feb. 27, 2023) The FTC still has some tools in its arsenal. Here, violations of the Trade Regulation Rule Concerning the Sale of Mail, Internet, or Telephone Order Merchandise (MITOR) … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“TM-compliant” ads not shown to be nominative fair use

Posted on March 10, 2023 by rtushnet

World Axe Throwing League, Inc. v. Cold Steel Inc., 2023 WL 2372059, No. 2:20−cv−11407 JAK (Ex) (C.D. Cal. Feb. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged | Leave a comment

“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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged | Leave a comment

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 →

Posted in Uncategorized | Tagged | Leave a comment

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

Posted in Uncategorized | Tagged | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment