Rebecca Tushnet's 43(B)log
False advertising and more
Thursday, July 27, 2017
The hymn of Axiom: failure to disclose in FX trades doesn't violate consumer protection law
Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017) Deutsche Bank allegedly d...
Deceive, inveigle, obfuscate--false discount claims still don't cause cognizable injury
Mulder v. Kohl’s Department Stores, Inc., --- F.3d ----, 2017 WL 3167620, No. 16-1238 (1 st Cir. Jul. 26, 2017) Mulder bought several ...
OJ may be guilty ... of adding ingredients without disclosure
In re: Simply Orange Orange Juice Marketing & Sales Practices Litig., MDL No. 2361, 2017 WL 3142095 (W.D. Mo. Jul. 24, 2017) Plaint...
Tuesday, July 25, 2017
"Local" can be falsifiable representation of fact
Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 3089011 (D. Utah Apr. 28, 2017) Leland Sycamore invented the process and...
Pictures of premium cuts of meat on pet food are ambiguous, court says
Wysong Corp. v. APN, Inc., Nos. 16-11823, 16-11825, 16-11826, 16-11827, 16-11832 (E.D. Mich. Jul. 20, 2017) Wysong, a pet food manufacture...
Friday, July 21, 2017
Transformative work of the year (so far): To tell my story, showing near DC now
To Tell My Story: A Hamlet Fanfic by Alexandra Petri Runs until July 30 Although the structuring conceit is a loose retelling of...
Tuesday, July 18, 2017
9th Circuit burps up a correction to recent Gerber case
Bruton v. Gerber Prods. Co., No. 15-15174, 2017 WL 3016740, -- Fed. Appx. --- (9th Cir. Jul. 17, 2017) On a petition for rehearing, the...
Park claim fails to fly: formerly well-known mark lacks current secondary meaning
Parks LLC v. Tyson Foods, Inc., 2017 WL 3014273, -- F.3d --, No. 16-2768 (3d Cir. Jul. 6, 2017) District court opinion discussed previo...
Bee aggressive: Copied ad leads to grab bag of claims
Fischer v. Forrest, 2017 WL 2992663, -- F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invent...
Thursday, July 13, 2017
Court gags on Utah's ag-gag law
Animal Legal Defense Fund v. Herbert, No. 13-cv-00679 (D. Utah Jul. 7, 2017) The court strikes down Utah’s ag-gag law, relying on Alvar...
Documents from my ICE suit
Available here , via Public Citizen. From what we have, I think it's fair to say that most seizures are legitimate counterfeits, so to s...
Wednesday, July 05, 2017
Another thought on ICE's statements
This isn’t specifically IP-related, but I’m pondering the part of my FOIA suit requesting training materials for ICE agents relying on case...
Today in likely unlicensed goods
These Joker fireworks: And just because the typo is awesome--not a portmanteau word you see that often, or usually want to have go togeth...
NFL is advising ICE to seize obvious parodies, my FOIA suit reveals
When last I reported on this , the judge had ordered ICE to unredact materials showing company advice to ICE to seize parody merchandise, si...
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 ...
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