Category Archives: Uncategorized

43(a)(1)(A) claims are hard to win against a TM registrant

Posted on August 19, 2021 by rtushnet

Zamfir v. CasperLabs, LLC, 2021 WL 1164985, No. 21cv474-GPC(AHG) (S.D. Cal. Mar. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain … Continue reading →

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D’s own ads prove materiality of difference between Fraser and balsam firs

Posted on August 19, 2021 by rtushnet

Evergreen East Cooperative v. Bottomley Evergreens & Farms, Inc., 2021 WL 1163799, No. 20-cv-184 (AJN) (S.D.N.Y. Mar. 26, 2021) “Christmas tree distributor Evergreen East Cooperative claims that its rival Bottomley Evergreens & Farms sold mislabeled trees through retail partners including … Continue reading →

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TM question of the day: This Ain’t Goya spice blend

Posted on August 18, 2021 by rtushnet

 This Ain’t Goya spice blend. Suppose the makers sought registration for this as a trademark for spice blends. Would prohibiting registration violate the First Amendment? from Blogger https://ift.tt/2XEU0Er

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Overreaching and delay lead to defeat of TM owner’s claims

Posted on August 18, 2021 by rtushnet

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., 2021 WL 1176242, No. CIV. 11-5052-JLV (D.S.D. Mar. 29, 2021) This is part of a long-running trademark case, now over 10 years old. After a jury verdict for SMRI and … Continue reading →

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industry group’s safety/risk/legality claims were plausibly false or misleading

Posted on August 18, 2021 by rtushnet

Pharmacychecker.Com, LLC v. National Ass’n of Boards of Pharmacy, 2021 WL 1199363, — F. Supp. 3d –, No. 19-CV-7577 (KMK) (S.D.N.Y. Mar. 30, 2021) Plaintiff “offers an accreditation program for pharmacies and provides drug price comparison information.” Unlike its competitors, … Continue reading →

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Vegan butter wins again

Posted on August 18, 2021 by rtushnet

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 10, 2021) Preliminary injunction discussed here; now it’s summary judgment time. The state is allowed to regulate “hormone free” on Miyoko’s “vegan butter,” but Miyoko’s is allowed to use the words/phrases … Continue reading →

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malt “cocktails” with no wine or spirits were plausibly misleading

Posted on August 17, 2021 by rtushnet

Cooper v. Anheuser-Busch, LLC, 2021 WL 3501203, No. 20-CV-7451 (KMK) (S.D.N.Y. Aug. 9, 2021) Plaintiffs alleged that the labels on the “Ritas” line of beverages (Lime-A-Rita Sparkling Margaritas, Sangria Spritz Sparkling Sangria Cocktail and Rosé Spritz Sparkling Rosé Cocktail, and … Continue reading →

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Bank had no duty to disclose limits to PPP loan applicants

Posted on August 17, 2021 by rtushnet

Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, 2021 WL 3501518, No. CV 20-04149 DDP (RAOx) (C.D. Cal. Aug. 6, 2021) The CARES Act, among other things, established the Paycheck Protection Program, a $349 billion loan program through which … Continue reading →

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Models’ false endorsement claims fail for want of recognition, bad survey

Posted on August 17, 2021 by rtushnet

Souza v. Exotic Island Enterprises, Inc., No. 18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. Aug. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. As this case shows, … Continue reading →

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data breaches can lead to a potpourri of claims

Posted on August 17, 2021 by rtushnet

In re Blackbaud, Inc., Customer Data Breach Litig., No. 3:20-mn-02972-JMC, MDL No. 2972, 2021 WL 3568394 (D.S.C. Aug. 12, 2021) Query whether this kind of case will come out differently as TransUnion v. Ramirez gets further assimilated into the law. … Continue reading →

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