Tag Archives: remedies

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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TM Scholars’ roundtable, part 5

Posted on June 10, 2016 by rtushnet

Session 3: Remedies In recent years, trademark scholarship has focused largely on questions of subject matter and scope, including much critical assessment of standards for infringement and dilution.  In this brief discussion, we will turn our attention to remedies, and … Continue reading →

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Private Law & IP, Remedies and Prizes

Posted on March 12, 2016 by rtushnet

Session 7: Remedies and Prizes Moderator: Chief Judge Patti B. Saris (D. Mass.): 50% of all claim constructions are reversed, and 80% of all damages.  So judges are interested in improvements.   John M. Golden, “Reasonable Certainty in Contract and … Continue reading →

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Private Law and Intellectual Property conference at Harvard

Posted on March 11, 2016 by rtushnet

Opening Remarks: Henry Smith—exploring the connections between private law and IP.   Session 1: Entitlement Design Moderator: Rebecca L. Tushnet Speakers and Papers/Commentators: Tun-Jen Chiang, “The Paradox of IP”: A paper looking for a theory.  Why do we have an … Continue reading →

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Anonymous defamatory posts are “advertising or promotion” under Lanham Act

Posted on March 4, 2016 by rtushnet

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I LLC, 2016 WL 815205, No. 8-cv-0442 (S.D.N.Y. Feb. 29, 2016)   R&J sued Assara and a number of related people eight years ago.  The parties compete to offer laser hair … Continue reading →

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seller-incentivized reviews might be misleading (and violate FTC guidelines)

Posted on February 16, 2016 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 538458, No. 13-CV-982 (D. Utah Feb. 9, 2016)   The parties (plaintiff d/b/a NutriGold and defendant d/b/a NatureWise) make and sell dietary supplements online, including on Amazon; their competing products  include one … Continue reading →

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California claims for injunctive relief can’t be remanded after CAFA removal

Posted on February 8, 2016 by rtushnet

Mezzadri v. Medical Depot, Inc., 113 F. Supp. 3d 1061 (S.D. Cal. 2015)   The rule against claim-splitting clashes with the injustice of the ability of a defendant to destroy a form of relief by removing a complaint from state … Continue reading →

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Showing irreparable harm isn’t easy

Posted on January 25, 2016 by rtushnet

Pruvit Ventures, Inc. v. ForeverGreen International LLC, — F.Supp.3d —-, 2015 WL 9876952 No. 15-CV-571 (E.D. Tex. Dec. 23, 2015) (magistrate judge)   Defendants moved for a preliminary injunction on their counterclaims involving dietary suppplements.  Defendant Axcess is the exclusive … Continue reading →

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