Category Archives: Uncategorized

Peloton’s music troubles give it consumer protection troubles over “ever-growing library” claim

Posted on November 12, 2020 by rtushnet

Fishon v. Peloton Interactive, Inc., 2020 WL 6564755, No. 19-cv-11711 (LJL) (S.D.N.Y. Nov. 9, 2020) Peloton streams live and on-demand fitness classes requiring a monthly subscription fee. Certain Peloton ads described the library of fitness classes as “ever-growing.” But in … Continue reading →

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misbehavior in Amazon reviews + false ingredient claims = $9.5 million award

Posted on November 12, 2020 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc. 2020 WL 6581050, No. 13-cv-00982-DAK (D. Utah Nov. 10, 2020) This is a long-running supplement false advertising case involving both ingredient and “review” claims; here the district court resolves a number of issues, finding … Continue reading →

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Amicus brief in Stouffer v. Nat’l Geographic (a title v title infringement case)

Posted on November 10, 2020 by rtushnet

With Mark Lemley, Mark McKenna, and a number of other IP professors, I submitted this amicus brief arguing that the 10th Circuit should adopt Rogers v. Grimaldi (without any exclusion for title v title claims) for assessing trademark claims against … Continue reading →

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230 defense fails where speaker’s ownership/control of D is sufficiently alleged

Posted on November 4, 2020 by rtushnet

Tang v. Guo, 2020 WL 6414371, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 2, 2020) Further on this case about a dispute between a political activist and a rival. Plaintiffs sued defendants including Guo a/k/a Kwok and four entities that … Continue reading →

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press release in supplement battle could be false advertising

Posted on November 4, 2020 by rtushnet

ThermoLife Int’l LLC v. NeoGenis Labs Inc., 2020 WL 6395442, No. CV-18-02980-PHX-DWL (D. Ariz. Nov. 2, 2020) Plaintiff/counterdefendant ThermoLife and defendant/counterplaintiff HumanN both hold patents related to the use of nitrate technology for supplements. ThermoLife alleged that HumanN engaged in … Continue reading →

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solar flareup: Panasonic and Tesla successor in interest in false advertising battle

Posted on November 3, 2020 by rtushnet

I know you want to read about a false advertising dispute that, for once, tries to work around the restrictions of trademark law and not the other way around! Kinect Solar, LLC v. Panasonic Corp., No. 1:20-CV-378-LY, 2020 WL 6385292 … Continue reading →

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Trade dress question of the day, butterbeer–I mean butterscotch beer–edition

Posted on October 30, 2020 by rtushnet

 Found this product, Flying Cauldron butterscotch cream soda: Harry Potter fans (or former fans), what say you? from Blogger https://ift.tt/3jD47ik

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trademark law continues as 500 pound gorilla in glue case

Posted on October 30, 2020 by rtushnet

J-B Weld Company, LLC v. Gorilla Glue Co., — F.3d —-, 2020 WL 6144561, No. 18-14975 (11th Cir. Oct. 20, 2020) This case illustrates how much leeway trademark claims often get and how little false advertising claims do. My daughter … Continue reading →

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website traffic quality assessment isn’t advertising, or defamatory as to site

Posted on October 30, 2020 by rtushnet

Young Hollywood LLC v. White Ops, Inc., No. CV 20-03334 PA (RAOx), 2020 WL 6162795 (C.D. Cal. Aug. 6, 2020) Plaintiff is a “publisher and distributor of exclusive, premium celebrity and lifestyle content.” Its revenue comes exclusively from advertising and … Continue reading →

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descriptive fair use defeats counterfeiting claim (on PI motion)

Posted on October 29, 2020 by rtushnet

Freelancer Int’l Pty Ltd. v. Upwork Global, Inc., 2020 WL 6271030, No. 20-cv-06132-SI (N.D. Cal. Oct. 23, 2020) The parties compete in offering “software platforms matching freelancers with freelancing jobs.” Plaintiff Freelancer Tech has standard character mark registrations for FREELANCER … Continue reading →

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