Monday, November 18, 2024

My latest acquisition

›
 They're even in my size! Heavy, but not as hard to walk in as I feared.
Wednesday, November 13, 2024

Reading list: Mala Chatterjee, Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright

›
 Recommended! Short and thought-provoking. Property, Speech, and Authorship: A Dilemma for Personhood Theories of Copyright Cambridge Volume...
Monday, November 11, 2024

coordinated campaign to disparage grain-free & other pet food not actionable under Lanham Act

›
Ketonatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., 2024 WL 4679219, No. 24-2046-KHV (D. Kan. Nov. 4, 2024) Ketonatural is a start-...
Tuesday, October 29, 2024

Another ROP amicus

›
Nolen v. PeopleConnect , arguing that ROP laws applied to noncommercial speech like reprinting high school yearbooks are generally unconstit...

Timeshare company's own "exit" program for "qualified" owners isn't misleading even if broadly unavailable

›
Wesley Financial Gp. v. Westgate Resorts, Ltd., 2024 WL 4581512, No. 6:23-cv-2347-RBD-LHP (M.D. Fla. Aug. 28, 2024) A rare timeshare exit ...
Monday, October 28, 2024

when weak TM claims do better than seemingly strong false advertising claims

›
Sanho Corp. v. Kaijet Technol. Int’l, 2024 WL 4553279, --- F.Supp.3d ----, No. 1:18-cv-05385-SDG (N.D. Ga. May 20, 2024) Note: A jury foun...
Tuesday, October 22, 2024

Revisiting Ty v. GMA

›
 Ty, Inc. v. GMA Accessories, Inc., 132 F.3d 1167 (7th Cir. 1997), features dueling bean bag animals. I've never been convinced the two ...
Friday, October 18, 2024

Laches as to direct liability also precludes contributory liability

›
Hawaii Foodservice Alliance, LLC v. Meadow Gold Dairies Hawaii, LLC, --- F.Supp.3d ----, 2024 WL 2834159, No. 21-00460 LEK-WRP (D. Hawai’I J...

associating two differently named products can't cause dilution, which requires similar marks

›
In re Soclean, Inc., Marketing, Sales Practices & Prods. Liab. Litig., No. 22-mc-152, MDL No. 3021, 2024 WL 4444819 (W.D. Pa. Oct. 8, 20...

Another API (c) case with false advertising and contract claims too

›
Trackman, Inc. v. GSP Golf AB, 2024 WL 4276497, No. 23 Civ. 598 (NRB) (S.D.N.Y. Sept. 24, 2024) Trackman makes the golf simulator game Per...
Thursday, October 17, 2024

My latest copyright acquisition

›
From Franklin Mint Corp. v. Nat’l Wildlife Art Exch., 575 F.2d 62 (3d Cir. 1978), the works in suit, Cardinals on Apple Blossom and The Card...

Claims that "non-drowsy" is false aren't preempted by FDCA

›
Calchi v. Topco Assoc., LLC, 2024 WL 4346420, No. 22-cv-747 (N.D. Ill. Sept. 30, 2024) Is there any circuit style more distinctive than th...

Amazon potentially on the hook for marketing mislabeled supplements

›
Li v. Amazon.com Servs., 2024 WL 4336432, No. 2:23-cv-01975-JHC (W.D. Wash. Sept. 27, 2024) Plaintiffs alleged that Amazon promoted, sold,...

CAFA can't prevent remand to state court where consumer protection claims are all equitable

›
Haver v. General Mills, Inc., 2024 WL 4492052, No.: 3:24-cv-01269-CAB-MMP (S.D. Cal. Oct. 11, 2024) Interesting remand to state court. Hav...
Wednesday, October 16, 2024

even after default, court may constrain recovery in competitive market

›
KHN Solutions LLC v. Shenzhen City Xuewu Feiping Trading Co., No. C 20-07414 WHA, 2024 WL 4351861 (N.D. Cal. Sept. 30, 2024) I don’t usual...