Category Archives: Uncategorized

Lack of competitive injury dooms false advertising claim against unauthorized image use by strip club

Posted on August 13, 2020 by rtushnet

Geiger v. Creative Impact Inc., No. CV-18-01443-PHX-JAT, 2020 WL 4583625 (D. Ariz. Aug. 10, 2020) The court rejects a motion to reconsider its ruling rejecting Lanham Act false advertising claims based the unauthorized use of plaintiffs’ images by a strip … Continue reading →

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SEC v. Liu supports FTC’s pursuit of restitution in federal court

Posted on August 10, 2020 by rtushnet

Federal Trade Comm’n v. Elegant Solutions, Inc., Case No. SACV 19-1333 JVS (KESx), 2020 WL 4390381 (C.D. Cal. Jul. 6, 2020)  I mostly try to find interesting legal issues, but sometimes it’s good to point out the importance of the … Continue reading →

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FTC restrains unsubstantiated coronavirus claims

Posted on August 10, 2020 by rtushnet

Federal Trade Comm’n v. Golden Sunrise Nutraceutical, Inc., 2020 WL 4501968, No. 1:20-cv-01060-DAD-SKO (E.D. Cal. Aug. 5, 2020)  Dealing with coronavirus-related claims, the court grants a TRO against defendants, including Tieu (president and CEO of the corporate defendants) and Meis … Continue reading →

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Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Goldman & Tushnet

Posted on August 10, 2020 by rtushnet

(Crossposted from Eric’s blog, with thanks to my assistant Andrew Matthiesen and Eric for all the work they did to get the book out.) Eric Goldman and I are pleased to announce the fifth edition of our casebook, Advertising & … Continue reading →

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context matters: “mineral-based” sunscreen with chemical-based active ingredients is plausibly deceptive

Posted on August 7, 2020 by rtushnet

Prescott v. Bayer Healthcare LLC, 2020 WL 4430958, No. 20-cv-00102-NC (N.D. Cal. Jun. 31, 2020) (magistrate) Plaintiffs alleged that defendants deceived consumers by labeling their sunscreens as “mineral-based” when the sunscreens contain active chemical ingredients. As the court explains,   … Continue reading →

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No contributory liability for athlete union’s endorsement of supplement

Posted on August 6, 2020 by rtushnet

DNA Sports Performance Lab, Inc. v. Major League Baseball, 2020 WL 4430793, No. C 20-00546 WHA (N.D. Cal. Aug. 1, 2020)  Courts seem to perceive people affiliated with TM/(c) infringers as more blameworthy than people affiliated with false advertisers. One … Continue reading →

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selling w/in another distributor’s exclusive territory isn’t plausibly false advertising of authorization

Posted on August 4, 2020 by rtushnet

Northern Bottling Co. v. Henry’s Foods, Inc., No. 1:19-cv-021, 2020 WL 4208526 (D.N.D. Jul. 22, 2020)  Northern is a PepsiCo bottler/distributor; it has some Exclusive Bottling Appointments that appoint Northern as PepsiCo’s “exclusive bottler, to bottle and distribute” a specific … Continue reading →

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IPSC, Trademark

Posted on July 31, 2020 by rtushnet

IPSC – Trademark Law I Moderator: Mark McKenna  Trademark Depletion in a Global, Multilingual Economy: Evidence from the European Union (abstract) Jeanne Fromer and Barton Beebe, NYU School of Law  Notes on the EU system: runs in parallel with national … Continue reading →

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The McCarthy Series: U.S.P.T.O. v. Booking.com: What the Recent SCOTUS Ruling Means for Trademark Law

Posted on July 29, 2020 by rtushnet

My notes are messed up because I had technical difficulties! But the McCarthy Institute will apparently publish video on its YouTube channel. David Bernstein, Debevoise & Plimpton: intro to case/overview.  Hal Poret: Used a Teflon survey to educate consumers about … Continue reading →

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“graham cracker” is dead metaphor, implying nothing about graham flour content

Posted on July 22, 2020 by rtushnet

Kennedy v. Mondelēz Global LLC, 2020 WL 4006197, No. 19-CV-302-ENV-SJB (E.D.N.Y. Jul. 10, 2020)  (R&R by someone I remember from my debate days, Sanket Bulsara)  Plaintiffs alleged that the terms “grahams” and “graham crackers,” along with other statements and images, … Continue reading →

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