Tag Archives: preemption

when are state law unfair competition claims preempted?

Posted on September 29, 2016 by rtushnet

Duer v. Bensussen Deutsch & Associates, Inc., 2015 WL 11256568, No. 14-CV-01589 (N.D. Ga. Jul. 8, 2015) Very broad preemption finding makes me blog this older case that popped out of Westlaw.  Duer makes medicine dosage adherence tools suitable for … Continue reading →

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Reading list: Rothman on (c)/right of publicity conflicts

Posted on August 16, 2016 by rtushnet

Jennifer Rothman, The Other Side of Garcia: The Right of Publicity and Copyright Preemption, Columbia Journal of Law & the Arts, Vol. 39, No. 3, 2016. Abstract: This essay is adapted from a talk that I gave on October 2, … Continue reading →

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Cheerios Protein name might be more bluff than buff

Posted on August 15, 2016 by rtushnet

Coe v. General Mills, Inc., No. 15-cv-05112, 2016 WL 4208287 (N.D. Cal. Aug. 10, 2016) Plaintiffs alleged the name “Cheerios Protein” was misleading because it implied that the product is essentially the same as Cheerios, only with added protein. Cheerios … Continue reading →

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Functionality: it’s in the bag

Posted on June 16, 2016 by rtushnet

Schutte Bagclosures Inc. v. Kwik Lok Corp., No. 12-cv-5541 (S.D.N.Y. Jun. 14, 2016)   Following up from previous post on an earlier ruling. (Thanks to an eagle-eyed correspondent who probably knows way more than anyone else wants to know about … Continue reading →

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TM Scholars’ Roundtable, part one

Posted on June 9, 2016 by rtushnet

Trademark Scholars’ Roundtable, Boston University   Session 1:  Product Design Protection and Trademark First Principles Given what we know about the costs and benefits of using trademark/unfair competition law to protect product design, is the whole enterprise worth the candle?  … Continue reading →

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Flagging supplement case revived

Posted on April 22, 2016 by rtushnet

ThermoLife Intern., LLC v. Gaspari Nutrition Inc., — Fed.Appx. —-, 2016 WL 1460171, No. 14–15180 (9th Cir.  Apr. 14, 2016)   ThermoLife sued Gaspari (GNI) false advertising under the Lanham Act and unfair competition under Arizona common law, based on … Continue reading →

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I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim

Posted on March 15, 2016 by rtushnet

I don’t go into yours, you don’t go into mine: copyright preempts Dirty Dancing trademark claim   Lions Gate Ent. Inc. v. TD Ameritrade Servs. Co., No. cv 15-05024  (C.D. Cal. Mar. 14, 2016)   Lions Gate sued TD for … Continue reading →

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8th Circuit finds copyright preemption of publicity claim

Posted on February 26, 2016 by rtushnet

Dryer v. National Football League, No. 14-3428 (8th Cir. Feb. 26, 2016)   I blogged about the district court ruling and wrote an amicus brief in the appeal; now the 8th Circuit affirms the rejection of football players’ right of … Continue reading →

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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 →

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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 →

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