Rebecca Tushnet's 43(B)log
False advertising and more
Friday, November 17, 2017
We got the empire, now as then: Rogers precludes record label suit against Fox show
Twentieth Century Fox Television v. Empire Distribution, Inc., No. 16-55577 (9th Cir. Nov. 16, 2017) “Empire Distribution, founded i...
Thursday, November 16, 2017
false advertising of copyright ownership of songs not preempted, court rules
Carter v. Pallante, 256 F. Supp. 3d 791 (N.D. Ill. 2017) Tollie Carter sued, as relevant here, alleging that ARC, Fuji, and BMG infringed ...
physical harm to the public isn't irreparable harm for competitor plaintiff
Nutrition Distribution, LLC v. Enhanced Athlete, Inc., 2017 WL 5467252, No. 17-cv-2069 (E.D. Cal. Nov. 14, 2017) Defendants allegedly ...
Wednesday, November 15, 2017
Church & Dwight not protected against challenge to "Made in USA" claim for condoms
Claiborne v. Church & Dwight Co., 2017 WL 5256752, No. 17-cv-00746 (S.D. Cal. Nov. 13, 2017) At least two lines of Trojan brand mal...
TM question of the day
Game of Bones (at the science museum):
Thursday, November 09, 2017
230 bars false advertising claim against antimalware provider
Enigma Software Group USA LLC v. Malwarebytes Inc., No. 5:17-cv-02915, 2017 WL 5153698 (N.D. Cal. Nov. 7, 2017) Malwarebytes and Enigma...
Tuesday, November 07, 2017
Ad intermediary lacks standing under Lexmark to challenge false ads
Congoo, LLC v. Revcontent LLC, 2017 WL 5076397, No. 16-401 (D.N.J. Nov. 3, 2017) A rare case discussing Lexmark ’s proximate cause re...
Monday, November 06, 2017
Competitor can't challenge compliance w/certification standards
Board-Tech Electronic Co. v. Eaton Electric Holdings LCC, 2017 WL 4990659, No. 17-cv-5028 (S.D.N.Y. Oct. 31, 2017) Board-Tech accused i...
Friday, November 03, 2017
"look like new forever" might not be puffery in context of technological innovation claims
EP Henry Corp. v. Cambridge Pavers, Inc., 2017 WL 4948064, No. 17-1538 (D.N.J. Oct. 31, 2017) Disclosure: I consulted on this case. ...
Tuesday, October 31, 2017
Consumers can't recover for GM's self-tarnishment
In re General Motors LLC Ignition Switch Litigation, --- F.Supp.3d ---- 2017 WL 2839154, No. 14–MD–2543 (S.D.N.Y. Jun. 30, 2017) This m...
Just in time for Halloween, a Reese's question
Should Reese's object to the following description of candy molds? The "Reese's Shape" version of the tartlet/candy mold...
Initial decision in FTC 1-800 case finding that anti-keyword agreements violated antitrust law
Agreed-on limits on advertising, like agreed-on limits on other inputs, risk being a per se violation of the antitrust laws. Here, a blanke...
Friday, October 27, 2017
Public disclosure of private facts
Setting FERPA aside, does Taiwan Jones have any claim based on the viral tweet about his failed midterm ? ( Skepticism here. )
Website copying allegations allow potpourri of claims
DHI Group, Inc. v. Kent, No. 16-1670, 2017 WL 4837730 (S.D. Tex. Oct. 26, 2017) DHI and Oilpro compete in the market for websites for o...
Likely success & irreparable harm still doesn't justify ex parte TRO against false ad. given counterspeech
Verified Nutrition, LLC v. Sclar, 2017 WL 4785948, No. 17-cv-07499 (C.D. Cal. Oct. 23, 2017) Verified sells ProstaGenix, which is “an a...
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