Tag Archives: remedies

Inapplicable studies and lost market share equal literal falsity and irreparable harm

Posted on October 31, 2016 by rtushnet

OrthoAccel Technologies, Inc. v. Propel Orthodontics, LLC, No. 4:16-CV-350, 2016 WL 6248711 (E.D. Tex. Oct. 26, 2016) OrthoAccel is a medical device company that makes dental appliances, including the AcceleDent, a hands-free dental device that uses gentle vibrations to accelerate … Continue reading →

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Republication of online articles was commercial speech and not protected by CDA

Posted on October 26, 2016 by rtushnet

Western Sugar Coop. v. Archer-Daniels-Midland Co., 2015 WL 12683192, No. CV 11-3473 (C.D. Cal. Aug. 21, 2015) More belated blogging.  The sugar industry and the corn refining industry accused each other of falsely advertising  high-fructose corn syrup (HFCS).  Plaintiffs were … Continue reading →

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GW Design Law: Ecommerce remedies

Posted on October 14, 2016 by rtushnet

AFTERNOON SESSION 1: Design Patents & Ecommerce Moderator: Judy Yee, Microsoft Howard Hogan, Gibson, Dunn & Crutcher: Counterfeiting is a growing problem, but sometimes they don’t use a copyrighted work of authorship but are still selling a knockoff of a … Continue reading →

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Using photos of competitor’s product confers statutory Lanham Act standing on competitor

Posted on September 20, 2016 by rtushnet

Joseph Paul Corp. v. Trademark Custom Homes, Inc., 2016 WL 4944370, No. 3:16-CV-1651 (N.D. Tex. Sept. 16, 2016) JP Homes sued Trademark, its principal, and homeowners for alleged violations of the Lanham Act and copyright infringement.  JP Homes alleged that … Continue reading →

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Taking advantage of known consumer ignorance is deliberately false, 2d Circuit rules

Posted on September 12, 2016 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 15-2411, 2016 WL 4708179, — F.3d. – (2d Cir. Sept. 9, 2016) Judge Leval deems this “an exceptionally well argued case,” noting the same thing I did: Paul Clement … Continue reading →

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Design Patent Damages event in DC, Aug. 2

Posted on July 29, 2016 by rtushnet

Details/RSVP here. from Blogger http://ift.tt/2atR8k7

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Design Patent Damages event in DC, Aug. 2

Posted on July 29, 2016 by rtushnet

Details/RSVP here. from Blogger http://ift.tt/2atR8k7

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Settlement class can’t stand where settlement notice gave mistaken info

Posted on July 22, 2016 by rtushnet

Duran v. Obesity Research Institute, LLC, No. D067917, 2016 WL 3913205 (Cal. Ct. App. Jun. 23, 2016) Duran sued ORI and Wal-Mart for allegedly falsely advertising the weight loss benefits of Lipozene and MetaboUp. The court approved a claims-made settlement … Continue reading →

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TM/false advertising interface: “same formulation” statement w/o more infringes

Posted on June 30, 2016 by rtushnet

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2016 WL 3466033 (D. Md. Jun. 20, 2016) This case sends us deep into the weeds of the distinctions between trademark and false advertising, and approves rather onerous requirements for apparently truthful … Continue reading →

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TM Scholars’ roundtable, part 6

Posted on June 10, 2016 by rtushnet

Research Directions Discussants:  Laura Heymann: What is the end of empirical work? Which of our legal principles are based on assumptions or are not meant to be connected to the Q of how consumers actually behave?  Lots of research about … Continue reading →

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