Friday, June 03, 2011

successful false advertising claim dischargeable in bankruptcy

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In re Salvatore, 2011 WL 2115816 (Bankr. D.N.J.) Plaintiff Green alleged that the debtor/defendant violated the New Jersey Consumer Fraud ...
Monday, May 30, 2011

Seen around town: today's TM hypo

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The NASA reference seems to be classic nominative fair use. The logo, not so much. Phto: Zachary Schrag

Court dismisses ridiculous TM claims added on to trade secret case

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Dow Corning Corp. v. Xiao, 2011 WL 2015517 (E.D. Mich.) Dow alleged that Xiao and related entities stole Dow’s trade secrets and misused i...

Countersuit over press release not barred by Dastar

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ZS Associates, Inc. v. Synygy, Inc., 2011 WL 2038513 (E.D. Pa.) ZS sued Synygy for defamation, commercial disparagement, and violation of ...
Friday, May 27, 2011

Sometimes, when someone has a crush on you, they'll make you a mix tape to give you a clue

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Megan M. Carpenter, Space Age Love Song: The Mix Tape in a Digital Universe .  Even though she doesn't cite me or the songs I cite .

Copying as free speech, today's version

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Newsweek ran a story (apparently it was one of Newsweek's "content partners," but that wasn't so obvious) about dying citi...
1 comment:

Green drop greenwashing claim drops out

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Hill v. Roll International Corp., --- Cal. Rptr. 3d ----, 2011 WL 2041574 (Cal. App. 1 Dist.)  (N.B. Also owned by the owners of Pom--so pos...

Advertising Law Treatise

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At long last, David Bernstein and Bruce Keller's The Law of Advertising, Marketing and Promotions is being published.  It's availab...

NYSE claims trademark rights in images of NYSE in news stories

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Story here .  Outraged?  I'm barely surprised .
Thursday, May 26, 2011

Allegedly infringing video site cuts down TM, some copyright claims

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Flava Works, Inc. v. Gunter, 2011 WL 1791557 (N.D. Ill.) Flava Works produces adult entertainment, including video and photographs. Gunte...
Wednesday, May 25, 2011

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Boykin Anchor Co. v. AT&T Corp., 2011 WL 1930629 (E.D.N.C.) Boykin sued in state court for unfair and deceptive trade practices, gross...

Pom Wonderful hearing

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Pom Wonderful FTC ALJ hearing, opening day Personal milestone: my very first press pass! They were a bit confused about the status of blog...
Monday, May 23, 2011

Failed false marking claim largely preempts related false advertising claims

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Champion Laboratories, Inc. v. Parker-Hannifin Corp., 2011 WL 1883832 (E.D. Cal.) Champion sued Parker for patent false marking, false adv...
Friday, May 20, 2011

Trump University loses early round in fraud claim

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Makaeff v. Trump University, LLC, 2011 WL 1872886 (S.D. Cal.) Another early loss for Trump. (This discussion of Trump’s real estate misre...

Boldly going!

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These NASA mission posters , courtesy of the Christian Science Monitor, are a wonderful example of the human impulse to tweak popular cultur...