Wednesday, November 23, 2022

Retailer has standing to assert Lanham Act false advertising claims against its own supplier

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AHBP LLC v. Lynd Co., No. SA-22-CV-00096-XR, 2022 WL 17086368 (W.D. Tex. Nov. 18, 2022) Lexmark provides standing to a purchaser because ...
Monday, November 21, 2022

Google's "order delivery/takeout" results aren't misleading/TM infringement

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Left Field Holdings v. Google LLC, 2022 WL 17072948, No. 22-cv-01462-VC (N.D. Cal. Nov. 18, 2022) Short opinion, summarized by the opening...
Friday, November 18, 2022

Today, online: Innovator Diversity Pilots Conference - Santa Clara Law

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Organized by Colleen Chien and Margo Bagley. Sign up to watch here.
Monday, November 14, 2022

9th Circuit clarifies that Rogers v. Grimaldi covers news/political speech, not just "art"

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Logical, but this is the clearest statement yet. Opinion here.  The court also clarifies that, when Gordon v. Drape  said that courts should...
Friday, November 11, 2022

contempt finding saves FTC's $120 million victory against real estate scammer even after AMG Capital

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Federal Trade Commission v. Pukke, --- F.4th ----, 2022 WL 16568278, No. 20-2215, No. 21-1454, No. 21-1520, No. 21-1521, No. 21-1591, No. 21...

diaper "no harsh ingredients" claim not puffery

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Rice v. Kimberly-Clark Corp., No. 2:21-cv-01519-DAD-KJN, 2022 WL 16804522 (E.D. Cal. Nov. 8, 2022) Plaintiffs claimed that Huggies Snug an...
Friday, November 04, 2022

A lemon of a lawsuit against lemon-flavored water

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Angeles v. Nestlé USA, Inc., --- F.Supp.3d ----, 2022 WL 4626916, No. 21-CV-7255 (RA) (S.D.N.Y. Sept. 30, 2022) The court dismissed Angele...
Wednesday, November 02, 2022

Cocoa/cacao? More like tomay-to/tomah-to, court rules

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Lee v. Mondelez Int’l, Inc., 2022 WL 16555586, No. 22-cv-1127 (LJL) (S.D.N.Y. Oct. 28, 2022) Lee sued over Green & Black’s dark chocol...
Tuesday, November 01, 2022

Disparagement as TM infringement? One court thinks, sure

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Homelight, Inc. v. Shkipin, 2022 WL 16528142, No. 22-cv-03119-TLT (N.D. Cal. Oct. 28, 2022) Defendants allegedly both disparaged Homelight...
Monday, October 31, 2022

"objectively baseless" patent infringement claims can constitute tortious interference/defamation

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Lite-Netics, LLC v. Nu Tsai Capital LLC, NO. 8:22CV314, 2022 WL 15523245 (D. Neb. Oct. 27, 2022) A rare tortious interference/business def...

Zamfir, master of the Casper blockchain protocol?

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Zamfir v. CasperLabs, LLC, No. 21-CV-474 TWR (AHG), 2022 WL 14915618 (S.D. Cal. Oct. 25, 2022) Previous discussion . Note that plaintiff l...

1202 and Lanham Act claims can't save lawsuit against embedding photos

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Logan v. Meta Platforms, Inc., 2022 WL 14813836, No. 22-cv-01847-CRB (N.D. Cal. Oct. 25, 2022) Logan alleged that Facebook’s embedding too...
Thursday, October 20, 2022

Warhol v. Goldsmith, purpose, and character

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A small thought on Warhol v. Goldsmith: Justice Jackson seemed interested in whether there was anything to be gained by parsing “purpose” an...
Monday, October 17, 2022

Gemini Rising "Enjoy Cocaine" poster

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 My latest acquisition (see Coca-Cola Company v. Gemini Rising, Inc. , 346 F. Supp. 1183 (E.D.N.Y. 1972)).
2 comments:
Wednesday, October 12, 2022

Clone wars: truthful statements about cloned horses don't constitute false association

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La Dolfina S.A., LLC v. Meeker, 2022 WL 6507718, NO. 20-82231-CIV-CANNON/Reinhart (S.D. Fla. Aug. 19, 2022) Judge Cannon has done some oth...