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- It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit
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Tag Archives: tortious interference
a few misrepresentations aren’t commercial advertising or promotion
Solmetex, LLC v. Dental Recycling, Inc., No. 17-cv-860, 2017 WL 2840282 (S.D.N.Y. Jun. 26, 2017) The parties compete in the market for devices for removing particulate from dental office wastewater. (Did I mention how much I love learning about market … Continue reading
allegedly false generic claims not actionable, but contributory liability possible
Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis. (There’s related litigation that ended badly for the defendant there.) Concordia’s predecessor had conditional approval … Continue reading
allegedly false generic claims not actionable, but contributory liability possible
Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis. (There’s related litigation that ended badly for the defendant there.) Concordia’s predecessor had conditional approval … Continue reading
Failing to disclose refund policy does not make price claims literally false
First Data Merchant Services Corp. v. SecurityMetrics, Inc., — Fed.Appx. —-, 2016 WL 7010889, No. 15-2301, No. 15-2364 (4th Cir. Dec. 1, 2016) Lower court opinion discussed here. The court of appeals affirmed the district court’s rejection of the parties’ … Continue reading
Yelp avoids liability for allegedly biased filter yet again
Albert v. Yelp, Inc., 2016 WL 3910830, No. G051607, 44 Media L. Rep. 2357 (Cal. Ct. App. July 15, 2016) Albert, who operates a small law office, sued Yelp for various claims, and Yelp brought an anti-SLAPP motion. Although she … Continue reading
Spy Phone v. spy phone: Google loses motion to dismiss TM and other claims
Spy Phone Labs LLC. v. Google Inc., No. 15-cv-03756, 2016 WL 6025469 (N.D. Cal. Oct. 14, 2016) The plaintiff here, an app maker with a registered mark for Spy Phone for a monitoring app, squeaks past dismissal of its trademark … Continue reading
failure to speak can be advertising but not presentations to trainers
WIKA Instrument I, LP v. Ashcroft, Inc., 2015 WL 11199059, No. 13-CV-43 (N.D. Ga. Jul. 10, 2016) WIKA sued Ashcroft, a competing maker of pressure gauges, for false advertising and related claims, and Ashcroft counterclaimed similarly. WIKA sells the XSEL … Continue reading
