Tag Archives: remedies

Wipe on, wipe off: after survey excluded, plaintiff wins jury verdict on false advertising windshield protector claim

Illinois Tool Works Inc. v. Rust-Oleum Corporation, 2018 WL 5810327, No. H-17-2084 (S.D. Tex. Jun. 21, 2018)  ITW’s Rain-X and Rust-Oleum’s RainBrella water repellant product compete in the market for use on vehicle windshields. Rust-Oleum advertised that RainBrella lasted twice … Continue reading

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Wipe on, wipe off: after survey excluded, plaintiff wins jury verdict on false advertising windshield protector claim

Illinois Tool Works Inc. v. Rust-Oleum Corporation, 2018 WL 5810327, No. H-17-2084 (S.D. Tex. Jun. 21, 2018)  ITW’s Rain-X and Rust-Oleum’s RainBrella water repellant product compete in the market for use on vehicle windshields. Rust-Oleum advertised that RainBrella lasted twice … Continue reading

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Straight-up falsity can’t get preliminary injunction where lost sales can be calcuated

Vault Cargo Management, LLC v. Rhino U.S.A., Inc., No. 18-cv-01517-H-LL, 2018 WL 5809516 (S.D. Cal. Nov. 6, 2018) The parties compete to sell products, including a variety of vehicle straps. Rhino allegedly created the false impression that its products are … Continue reading

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A watered-down finding of TM infringement: prevailing party gets $0 and no injunction, court tells it to go home

Evoqua Water Technologies LLC v. M.W. Watermark, LLC, No. 16-cv-14, 2018 WL 5784073 (W.D. Mich. Nov. 5, 2018) Eric Goldman will probably appreciate the court’s takeaway here: “Plaintiff and Defendants are not only business competitors, but also stepchildren, in a … Continue reading

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modifying a false advertising injunction is justified when likelihood that claim is false has changed

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2018 WL 4567111 (D. Md. Sept. 24, 2018) De Simone sought modification of a preliminary injunction governing statements it could make about a probiotic product, VSL#3 and its relationship to De Simone’s … Continue reading

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IPSC session 5

Session 5: Copyright Michael Carroll, The Law of Musical Borrowing: A concept of © distinctiveness is implicit in how we talk about substantial similarity.  Who decides this? It’s supposed to be the consumer: ordinary observer/intended audience. Both TM and © … Continue reading

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multi-million dollar award for trade secret theft & false advertising of “local” origin

Bimbo Bakeries USA, Inc. v. Sycamore, 2018 WL 1578115, No. 13-cv-00749-DN-DBP (D. Utah Mar. 29, 2018) A relatively large trade secret/false advertising verdict in this case.  Bimbo prevailed at trial on its trade secret claim that Sycamore revealed Bimbo Bakeries’ … Continue reading

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