Friday, October 11, 2013

Failure to allege agency relationship leads to fee award

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Anastasia Int’l, Inc. v. EM Online Pty Ltd., No. 13 Civ. 2919, 2013 WL 5550211 (S.D.N.Y. Oct. 4, 2013) Anastasia sued various defenda...

Trademarks as celebrities?

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Briefly noted, this advice from Fredrikson & Byron PA: " It can be a good thing to think of your trademarks as celebrities and of y...
Wednesday, October 09, 2013

The milk of human lawsuits

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Gitson v.Trader Joe’s Company, No. 13–cv–01333, 2013 WL 5513711 (N.D. Cal. Oct. 4, 2013)   Plaintiffs sued over “evaporated cane juic...

sugar by any other name unlawful, but not misleading

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Morgan v. Wallaby Yogurt Company, Inc., No. 13–cv–00296, 2013 WL 5514563 (N.D. Cal. Oct. 4, 2013) Another “evaporated cane juice” cla...
Tuesday, October 08, 2013

Samsung made a vid (sort of) as an ad

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The wrist-phone has been long promised, as this Samsung ad indicates .  Vidding is the act or process of creating a fan-oriented video or ...
1 comment:
Monday, October 07, 2013

"unlimited" service that was actually limited could deceive consumers

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Chapman v. Skype Inc., --- Cal.Rptr.3d ----, No. B241398, 2013 WL 5502960 (Ct. App. Oct. 4, 2013) Chapman alleged that Skype falsely ...

mere lack of substantiation isn't actionable by consumers

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Nilon v. Natural-Immunogenics Corp., No. 3:12cv00930, 2013 WL 5462288 (S.D. Cal. Sept. 30, 2013) Defendant NI sells a colloidal silve...

another evaporated cane juice plaintiff gets to proceed

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Werdebaugh v. Blue Diamond Growers, No. 12–CV–02724, 2013 WL 5487236 (N.D. Cal. Oct. 2, 2013) The usual California claims, this time ...
Saturday, October 05, 2013

This NYT story on mugshot removal has it all

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Mugged by a Mugshot: Right of publicity claims, extortion claims, state-level attempts to deal with for-profit databases whose claims to pr...
2 comments:
Thursday, October 03, 2013

You know a survey's been done badly

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... when it produces a negative net confusion rate. Water Pik, Inc. v. Med-Systems, Inc. No. 12-1065 (10 th Cir. Aug. 29, 2013) Hig...

The political economy of zombies

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This essay on the new zombie genre has a great analysis of the IP of the zombie apocalypse in Colson Whitehead's Zone One In Whitehea...

New treatise on fashion law

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Lois Herzeca and my former Debevoise colleague (now at Gibson Dunn) Howard Hogan have just released Fashion Law and Business: Brands & R...
Wednesday, October 02, 2013

Organization for Transformative Works: fundraising drive

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The Organization for Transformative Works is having a fundraising drive !   Donations support our work protecting and preserving fannish ...
Tuesday, October 01, 2013

Newton law: puree is real fruit

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Manchouck v. Mondelēz International Inc., No. C 13–02148, 2013 WL 5400285 (N.D. Cal. Sept. 26, 2013) This one’s short: Manchouck argu...

Organization for Transformative Works seeks volunteers

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The Organization for Transformative Works seeks volunteers : the one nearest my heart, though far from my skill set, is for coders: T...