Category Archives: Uncategorized

Expert causation/falsity evidence is admissible in fake review case

Posted on June 29, 2020 by rtushnet

Vitamins Online, Inc. v. Heartwise, Inc., 2020 WL 3452872, No. 2:13-cv-00982-DAK (D. Utah Jun. 24, 2020)  Some pre-bench trial motions here in this Lanham Act false advertising case based on alleged manipulation of Amazon’s customer review system and misrepresentation of … Continue reading →

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9th Circuit shows some hostility to functionality for product design, gets federal fame right

Posted on June 29, 2020 by rtushnet

Blumenthal Distributing, Inc. v. Herman Miller, Inc., Nos. 18-56471 & 18-56493 (9th Cir. Jun. 25, 2020)  HM and Blumenthal/OSP engaged in litigation over “knockoffs” of HM’s Eames chairs and Aeron chairs. A jury found that HM’s registered and unregistered claimed … Continue reading →

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UL’s interpretation of its own standards is opinion (but not all standards application would be)

Posted on June 25, 2020 by rtushnet

Warren Technology, Inc. v. UL LLC, — F.3d —-, 2020 WL 3406585, No. 18-14976 (11th Cir. Jun. 22, 2020) This decision comes out the right way—a manufacturer’s disagreement with UL’s interpretation of its own standards doesn’t make UL’s interpretation false—but … Continue reading →

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reconsidering, court rules that FDUTPA covers more than Lanham Act “advertising,” reinstates only state claims

Posted on June 19, 2020 by rtushnet

Westgate Resorts, Ltd. v. Reed Hein & Assoc., LLC, 2020 WL 3265972, No. 6:18-cv-1088-Orl-31DCI (M.D. Fla. Apr. 27, 2020)  Previously, the court dismissed Lanham Act false advertising and coordinate state law claims against timeshare exit purveyors. Here, the court reverses … Continue reading →

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restitution unavailable in fed ct if damages are adequate, even for Cal. state law claims

Posted on June 19, 2020 by rtushnet

Sonner v. Premier Nutrition Corporation, — F.3d —-, 2020 WL 3263043, No. 18-15890 (9th Cir. Jun. 17, 2020)  The court explains:  On the brink of trial after more than four years of litigation [over allegedly false advertising of “Joint Juice”], … Continue reading →

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Amicus in Lettuce Turnip the Beet

Posted on June 19, 2020 by rtushnet

With the much-valued assistance of Venkat Balasubramani, Mark McKenna & I have put together a law professors’ brief in the LTTB case, which raises important issues about the scope of a trademark registration and aesthetic functionality.  Read it here. from … Continue reading →

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Copyright Society panel on fair use (Warhol, Seuss, Oracle)

Posted on June 18, 2020 by rtushnet

CSUSA Fair Use panel Jennifer Pariser, MPA Joseph Salvo, Sesame Workshop Rebecca Tushnet II.  Discussion of Three Notable Fair Use Cases Currently on Appeal A.    Dr. Seuss Enterprises v. ComicMix, 372 F. Supp. 3d 1101 (S.D. Cal. 2019)Q&A:            The MPA … Continue reading →

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Copyright Society panel on fair use (Warhol, Seuss, Oracle)

Posted on June 18, 2020 by rtushnet

CSUSA Fair Use panel Jennifer Pariser, MPA Joseph Salvo, Sesame Workshop Rebecca Tushnet II.  Discussion of Three Notable Fair Use Cases Currently on Appeal A.    Dr. Seuss Enterprises v. ComicMix, 372 F. Supp. 3d 1101 (S.D. Cal. 2019)Q&A:            The MPA … Continue reading →

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TGI Fridays Potato Skins Snacks may deceive as to potato skin presence, but TGIF isn’t liable

Posted on June 12, 2020 by rtushnet

Troncoso v. TGI Friday’s Inc., 2020 WL 3051020 (S.D.N.Y. Jun. 8, 2020)  Troncoso purchased a bag of snack chips labeled “TGI Fridays Potato Skins Snacks,” mistakenly believing the chips to contain real potato skins given that the restaurant chain TGI … Continue reading →

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misrepresentation of origin was not material and thus not false advertising

Posted on June 8, 2020 by rtushnet

Boshnack v. Widow Jane Distilleries LLC, 2020 WL 3000358, No. 19cv8812 (DLC) (S.D.N.Y. Jun. 4, 2020)  In trademark cases, courts don’t require any materiality showing. That matters. Materiality here defeats the only plausibly pled falsities about Widow Jane’s whiskey, which … Continue reading →

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