Monday, September 17, 2012

6th Circuit finds "5 Hour Energy" suggestive for energy shot; overbroad recall potentially misleading

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Innovation Ventures, LLC v. N.V.E., Inc., --- F.3d ----, 2012 WL 4039843 (6 th Cir.) Innovation (doing business as Living Essentials...
Friday, September 14, 2012

Some statements in press release aren't commercial for anti-SLAPP purposes

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Hawran v. Hixson, --- Cal. Rptr. 3d ----, 2012 WL 4009862 (Cal. App. 4 Dist.) Hawran sued Sequenom and its directors Hixson, Lerner, ...

Falsity, historical fact, and who's qualified to find it

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Sovereign Military Hospitaller Order of Saint John of Jerusalem of Rhodes and of Malta v. Florida Priory of Knights Hospitallers of Sovere...
Wednesday, September 12, 2012

That's where the light is

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Ah, dysfunctionality (no, not the Mark McKenna kind).   I could pay the Copyright Office over $300 for it to search its records (publicly ...

Just who's being paternalist?

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That's the provocative question posed by Behavioral Advertising: The Offer You Cannot Refuse, by Chris Hoofnagle et al.  Abstract: At...

What does "healthier" mean to consumers?

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The CJR discusses the issue in the context of new research that disaggregates nutrition and pesticide residue on organic produce, but is wi...
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Tuesday, September 11, 2012

Mathematically impossible claims aren't literally false

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CytoSport, Inc. v. Vital Pharmaceuticals, Inc., 2012 WL 3881599 (E.D. Cal.) Defendant VPX released Muscle Power, a protein shake, ...

AU TM roundtable, part two

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Interesting how much we talked about territoriality in various ways here. Paper 5: Greg Lastowka, “Nominative Fair Use Still Doesn...