Category Archives: Uncategorized

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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Fourteenth Trademark Scholars’ Roundtable: Are Key Trademark and Unfair Competition Doctrines Anachronistic?

Posted on February 24, 2023 by rtushnet

UCLA School of Law Mark Janis: 1st day of TM: students’ experience of brands as used by owners & 3rd parties is so disconnected from the historical traditions of TM. Anachronism may give away too much by suggesting the cause … Continue reading →

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Site news: cross posting to WordPress seems down, but email subscription is here

Posted on February 23, 2023 by rtushnet

 I’m trying Mailchimp if you want to get posts by email. I’m also trying to fix the crosspost to WordPress, but I’ll have to see if that works. Other places to find me: Twitter, Mastodon; LinkedIn if I can get … Continue reading →

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erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce

Posted on November 9, 2021 by rtushnet

Ranalli v. Etsy.com, 2021 WL 5166568, No. 21-88 (W.D. Pa. Nov. 5, 2021) Ranalli brought this putative class action for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) and the Pennsylvania Fair Credit Extension Uniformity Act … Continue reading →

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I can’t believe it’s not butter—because the label said it was all butter

Posted on November 8, 2021 by rtushnet

Boswell v. Bimbo Bakeries USA, Inc., 2021 WL 5144552, No. 20-CV-8923 (JMF) (S.D.N.Y. Nov. 4, 2021) Boswell sued on the theory that the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the cake contains not only butter, but … Continue reading →

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Another pandemic university fees claim fails

Posted on November 8, 2021 by rtushnet

Yodice v. Touro College, 2021 WL 5140058, No. 21cv2026 (DLC) (S.D.N.Y. Nov. 4, 2021) It’s now been long enough that there are a couple of cases finding potentially valid claims based on Covid closures, but this is not one of … Continue reading →

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Dastar bars some claims about “patented” statements but related superiority statements are still at issue

Posted on November 8, 2021 by rtushnet

BPI Sports, LLC v. ThermoLife Int’l, LLC, 2021 WL 4972975, No. 19-60505-CIV-SMITH (S.D. Fla. Jul. 27, 2021) BPI sued ThermoLife for violations of the Lanham Act, 15 U.S.C. § 1125(a), common law unfair competition, and false patent marking. ThermoLife’s Muscle … Continue reading →

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policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive

Posted on November 5, 2021 by rtushnet

Shuman v. SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D. Cal. Nov. 3, 2021) SquareTrade sells service contracts for the protection of consumer goods. Shuman alleged that it consistently fails to provide consumers with the full terms and conditions of … Continue reading →

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