Tag Archives: dastar

Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

Posted on April 29, 2024 by rtushnet

Leszczynski v. Kitchen Cube LLC, 2024 WL 1829620, No. 8-23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on … Continue reading →

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Dastar bars false advertising claim against “first of its kind” ads

Posted on December 15, 2023 by rtushnet

 Vericool World LLC v. Igloo Prods. Corp., 2023 WL 8634803, No. 22-cv-02440-HSG (N.D. Cal. Dec. 13, 2023) Vericool alleged that Igloo falsely claimed that its “Recool” biodegradable cooler was the first of its kind. The court found this Dastar-barred, since … Continue reading →

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Dastar bars false marking claims brought under Lanham Act (dubitante)

Posted on December 7, 2023 by rtushnet

Urban Dollz LLC v. Lashify, Inc., 2023 WL 8292459, No. CV 23-1427-GW-AFMx (C.D. Cal. Oct. 17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted … Continue reading →

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too much complaining about copying triggers Dastar/preemption for other claims

Posted on November 27, 2023 by rtushnet

Design Gaps, Inc. v. Hall, 2023 WL 8103156, No. 3:23-cv-186-MOC (W.D.N.C. Nov. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for … Continue reading →

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(c) infringement and false advertising claims against addiction treatment competitor survive, in part

Posted on November 9, 2023 by rtushnet

New Directions Program v. Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 2:22-cv-01090-DAD-JDP (E.D. Cal. Nov. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of … Continue reading →

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TM co-owner can’t challenge uses authorized by other co-owners (bonus Lexmark reasoning)

Posted on October 24, 2023 by rtushnet

Reed v. Marshall, 2023 WL 6963661, No. H-21-3942 (S.D. Tex. Oct. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. … Continue reading →

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A&E’s (c) and TM claims survive against former producer’s new version of cop show

Posted on June 26, 2023 by rtushnet

A&E Television Networks, LLC v. Big Fish Entertainment, LLC, 2023 WL 4053871, No. 22 Civ. 7411 (KPF) (S.D.N.Y. Jun. 16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the … Continue reading →

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Pandemic art kit didn’t infringe artist’s rights

Posted on May 2, 2023 by rtushnet

 Keck v. Mix Creative Learning Center, LLC, No. 4:21-CV-00430, 2022 WL 19691177 (S.D. Tex. Dec. 19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; … Continue reading →

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(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

Posted on March 31, 2023 by rtushnet

Estate of Henry Joseph Darger v. Lerner, 2023 WL 2664341, No. 22 C 03911 (N.D. Ill. Mar. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” The Estate alleged that his copyrights … Continue reading →

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Dastar prevents misrepresentation of source of IP from being material

Posted on October 4, 2021 by rtushnet

Restellini v. Wildenstein Plattner Inst., Inc., 2021 WL 4340824, No. 20 Civ. 4388 (AT) (S.D.N.Y. Sept. 22, 2021) This is an interesting application of Dastar to preclude certain theories of falsity–I’m not sure materiality is really the right characterization, but … Continue reading →

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