Rebecca Tushnet's 43(B)log

False advertising and more

Friday, March 25, 2011

"up to 12 hours" might be literal claim of 12-hour performance

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Dymatize Enterprises Inc. v. Maximum Human Performance, Inc., 2010 WL 6111631 (N.D. Tex.) This slightly older magistrate judge’s recommend...

Donald Duck, patents, copyright, and other innovations

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5 Amazing things invented by Donald Duck . Including an actual prior art citation of a comic book scheme to defeat patentability. Though if ...
Tuesday, March 22, 2011

Customer's Lanham Act claim proceeds

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Lufthansa Systems Infratec GMBH v. Wi-SKY Inflight, Inc., 2011 WL 862314 (E.D. Va.) A noncompetitor can maintain a Lanham Act false advert...
2 comments:

Accusations of cheating state defamation claim, not Lanham Act claim

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American Board of Internal Medicine v. Von Muller, 2011 WL 857337 (E.D. Pa.) ABIM has sued a number of doctors for allegedly unlawfully co...
Monday, March 21, 2011

Nonnammed competitor has standing but still no luck against HP

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Turbon International, Inc. v. Hewlett-Packard Co., --- F.Supp.2d ----, 2011 WL 924025 (S.D.N.Y.) Turbon sued HP for misappropriation of tr...

Tuna surprise: false patent marking leads to multimillion award

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King Tuna, Inc. v. Anova Food, Inc., 2011 WL 839378 (C.D. Cal.) Anova counterclaimed against King Tuna for false patent marking, false adv...

Repeat failures to show infringement lead to fee award

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Miller's Ale House, Inc. v. Boynton Carolina Ale House, LLC, 2011 WL 855276 (S.D. Fla.) Boynton won summary judgment against Miller’s...
Friday, March 18, 2011

Nominative fair use in the Third Circuit: a district court applies the standard

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Keurig, Inc. v. Strum Foods, Inc., --- F. Supp. 2d ----, 2011 WL 843932 (D. Del.) Keurig makes single-serve coffee machines and a correspo...

Claim that service doesn't infringe patent may be false advertising

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Optigen, LLC v. International Genetics, Inc., 2011 WL 841506 (N.D.N.Y.) Optigen has two patents for testing dog DNA for certain inherited ...
Wednesday, March 16, 2011

ANA part 3

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Luncheon Keynote Jim Davidson, Executive Director of the Alliance for American Advertising and The Advertising Coalition, Chair, Public Pol...

ANA part 2

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What’s Happening in Washington Dan Jaffe, Executive Vice President, Government Relations, ANA It’s within our power to affect how present...
Tuesday, March 15, 2011

Association of National Advertisers, Advertising Law and Policy Conference

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Welcome from ANABob Liodice, President and CEO, ANA Liodice made an interesting point: by taking the lead in self-regulation, US advertiser...
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