Tag Archives: remedies

Misleading advertising that’s already leaving the market can’t support finding irreparable harm

Posted on February 25, 2019 by rtushnet

Danone, US, LLC v. Chobani, LLC, No. 18 Civ. 11702 (CM), 2019 WL 760040 (S.D.N.Y. Jan. 23, 2019) Danone sued Chobani for advertising that Chobani’s kids’ drinkable yogurt product, Gimmies Milkshakes, contains “33% less sugar than the leading kids’ drinkable … Continue reading →

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WIPIP 2019, University of Houston, Copyright panel

Posted on February 12, 2019 by rtushnet

Abandoning Copyrights, Aaron Perzanowski & Dave Fagundes: Unilateral transfer of rights. W/personal property you think about transfer to unknown but discrete third party, but in © abandoned rights are not up for grabs by some new claimant, but rather in … Continue reading →

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

Posted on November 10, 2018 by rtushnet

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

Posted on November 9, 2018 by rtushnet

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

Posted on November 9, 2018 by rtushnet

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

Posted on November 8, 2018 by rtushnet

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

Posted on September 26, 2018 by rtushnet

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

Posted on August 10, 2018 by rtushnet

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

Posted on April 5, 2018 by rtushnet

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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Lost goodwill isn’t irreparable harm without more specifics, court says

Posted on April 3, 2018 by rtushnet

Alfasigma USA, Inc. v. Nivagen Pharmaceuticals, Inc., No. 17-cv-01974-MCE-GGH, 2018 WL 1567820 (E.D. Cal. Mar. 30, 2018) The parties make “medical foods,” which are intended to be used under a doctor’s supervision; subscriptions for their use are common though not … Continue reading →

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