Tag Archives: false advertising

Court rejects Zippo jurisdiction test but allows suit over alleged copying

Posted on January 25, 2016 by rtushnet

Kindig It Design, Inc. v. Creative Controls, Inc., — F. Supp. 3d —-, 2016 WL 247574,  No. 2:14-cv-00867 (D. Utah Jan. 20, 2016)   Mostly a personal jurisdiction ruling in this copyright/patent infringement/false advertising case brought by Kindig, which customizes … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

reverse passing off still actionable as false advertising, court reminds us

Posted on January 22, 2016 by rtushnet

OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc., 2016 WL 236231, No. CV-14-085 (E.D. Wash. Jan. 20, 2016) Interesting little case that doesn’t mention Dastar, but is a rare application of the Dastar principle that reverse passing off can … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

NY has jurisdiction over out-of-state processor for alleged magazine scammer

Posted on January 21, 2016 by rtushnet

People v. Orbital Pub’g Gp., Inc., 21 N.Y.S.3d 573 (Supreme Ct. 2015)   The AG alleged violations of NY state consumer protection law, including a law specific to magazine subscription sales, involved here.  Respondents send official-looking solicitations that allegedly misled … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Going to the mattresses without initial interest confusion

Posted on January 15, 2016 by rtushnet

Select Comfort Corporation v. Baxter, No. 12-2899, 2016 WL 158516 (D. Minn. Jan. 13, 2016)   A lot of stuff going on here. The parties compete in the market for adjustable air beds and related products. Select Comfort has a … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Is it safe? Uber’s media statements about safety are commercial speech

Posted on January 12, 2016 by rtushnet

Greater Houston Transportation Company v. Uber Technologies, Inc., — F.Supp.3d —-, No. 4.14-0941, 2015 WL 9660022 (S.D. Tex. Dec. 18, 2015)   [Yes, I know, but I couldn’t find a relevant Taxi Driver quote.]   Previous opinion discussed earlier in … Continue reading →

Posted in Uncategorized | Tagged , | 1 Comment

Failure to show harm dooms many claims based on negative press release

Posted on January 6, 2016 by rtushnet

Synygy, Inc. v. ZS Associates, Inc., — F.Supp.3d —-, 2015 WL 5818510, No. 10-4274 (E.D. Pa. July 30, 2015)   Wow, this one’s been going on for a while.  Note that evidence of damages is key to the traditional, non-commercial-speech … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Bait and switch on different versions of the same brand isn’t TM infringement

Posted on December 31, 2015 by rtushnet

Adobe Sys. Inc. v. Christenson, No. 12-1731 (9th Cir. Dec. 30, 2015)   Adobe loses this case because of pleading and discovery choices, allowing the 9th Circuit to avoid harder first sale questions.  Christenson sold Adobe software, which he purchased … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

UK ASA doesn’t think “in association with” is enough to disclose an ad

Posted on December 30, 2015 by rtushnet

See this ruling on an ad for Michelin tires.  Note also the stricter regulation of comparative advertising than in the US. from Blogger http://ift.tt/1R8pIgy

Posted in Uncategorized | Tagged , | Leave a comment

Puerto Rico registration can’t constitutionally extend elsewhere

Posted on December 17, 2015 by rtushnet

Puerto Rico Coffee Roasters LLC v. Pan American Grain Manufacturing Co., Inc., 2015 WL 8551102, No. 3:15–CV–02099 (D.P.R. Dec. 11, 2015)   P.R. Coffee Roasters, which sells “Café Rico” coffee in P.R., sued Pan American for trademark infringement, false advertising, … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

California false advertising requires “advertising,” but unfair competition doesn’t

Posted on December 15, 2015 by rtushnet

Golden v. Sound Inpatient Physicians Medical Group, Inc., No. 14-cv-00497, 2015 WL 8539034 (E.D. Cal. Dec. 11, 2015)   Golden, a medical doctor, was a VP of medical affairs/chief quality officer at Dameron Hospital from 2008-2012.  Golden was also the … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment