Monday, January 25, 2021

surveys/expert evidence of deception still not required in consumer protection claims

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Hawkins v. Kroger Co., 2021 WL 210843, No. 15cv2320 JM (AHG) (S.D. Cal. Jan. 11, 2021) Hawkins sued, with the usual California claims, bec...

when is a publisher sufficiently beholden to a manufacturer to engage in commercial speech?

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Ariix, LLC v. NutriSearch Corp., No. 19-55343 (9th Cir. Jan. 22, 2021) Over a dissent, the court reverses the district court’s dismissal o...
Wednesday, January 20, 2021

Happy inauguration day to Redbubble in particular: 9th Cir. affirms functionality in Lettuce Turnip the Beet

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LLTB LLC v. Redbubble, Inc., No. 19-16464 (9th Cir. Jan. 20, 2021) LTTB LLC sells t-shirts and other goods bearing its registered trademar...
Tuesday, January 19, 2021

Dastardly DoorDash fails to get restaurant complaint dismissed, including under UCL/FAL

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Lona’s Lil Eats, LLC v. DoorDash, Inc., No. 20-cv-06703-TSH, 2021 WL 151978 (N.D. Cal. Jan. 18, 2021) (magistrate) This case addresses a t...
Monday, January 18, 2021

WVa SCt immunizes religious schools and camps for false advertising about services

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State ex rel. Morrisey v. Diocese of Wheeling-Charleston, 851 S.E.2d 755 (W.Va. 2020) In response to a certified question, the West Virgin...
Friday, January 15, 2021

Rogers v. Grimaldi and the TMA

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The legislative history of the TMA, just enacted into law, includes several paragraphs blessing Rogers v. Grimaldi  and saying it's what...
2 comments:
Tuesday, January 12, 2021

American Merck and German Merck's TM battle doesn't involve covered "advertising injury"

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EMD Millipore Corp. v. HDI-Gerling Am. Ins. Co., 2021 WL 66441, No. 20-cv-10244-ADB (D. Mass. Jan. 7, 2021) Is trademark infringement (or ...

literal falsity as Q of fact v. law and other important issues in a dueling ladder case

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Wing Enters., Inc. v. Tricam Indus., Inc., No. 17-cv-1769 (ECT/ECW), 2021 WL 63108 (D. Minn. Jan. 7, 2021) After remand because the court ...
Thursday, December 31, 2020

Nominative fair use in the Seventh Circuit: a practical tool

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Data Mgmt. Ass’n Int’l v. Enterprise Warehousing Solutions, Inc., 2020 WL 7698368, No. 20 C 04711 (N.D. Ill Dec. 28, 2020) Without resolving...
Wednesday, December 30, 2020

product changes as false advertising: TM may serve as express warranty of formulation & quality

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Starr v. VSL Pharmaceuticals, Inc., No. TDC-19-2173, 2020 WL 7694480 (D. Md. Dec. 28, 2020) This putative class action is related to the l...