Wednesday, November 18, 2015

UK ASA rejects "#sp" as insufficient to show editorial control over endorser

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From a ruling on a sponsored Instagram post for Britvic soft drinks: We considered consumers needed to be aware that they were viewing ma...
Tuesday, November 17, 2015

Trademark question of the day, Hamilton edition

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Yes, this is a Hamilton blog for the foreseeable future.  As they say, sorry not sorry.  Last night, Bernie Sanders sent me this email: ...
Monday, November 16, 2015

Manufacturer not liable for distributor's false ads

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GOJO Industries, Inc. v. Innovative Biodefense, Inc., 2015 WL 7019836, No. 15 Civ. 2946 (S.D.N.Y. Nov. 12, 2015)   Defendant IBD moved ...

Christmas in November: No TRO for alleged false advertising because no showing of irreparable harm

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Balsam Brands Inc. v. Cinmar, LLC, 2015 WL 7015417, No. 15-cv-04829 (N.D. Cal. Nov. 12, 2015)   Balsam sought a TRO based on claimed pa...

Up stone creek without a paddle: Dawn Donut precludes relief for distant plaintiff

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Stone Creek Inc. v. Omnia Italian Design Inc., 2015 WL 6865704, No. CV-13-00688 (D. Az. Nov. 9, 2015)   Stone Creek makes and sells fur...
Tuesday, November 10, 2015

FTC is entitled to presumption of reliance in enforcing consent order

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FTC v. BlueHippo Funding, LLC, No. 1:08-cv-01819 (S.D.N.Y. Nov. 6, 2015)   BlueHippo stipulated to a final judgment and permanent injun...
Monday, November 09, 2015

Why we need an anti-SLAPP law: skeptic's articles still not commercial speech

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Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 6777458 (S.D. Fla. Sept. 30, 2015)   This case is a good example of the need for a fede...
Thursday, November 05, 2015

Instant lack of gratification: coffee class certified

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Suchanek v. Sturm Foods, Inc., 2015 WL 6689359, No. 11-CV-565 (S.D. Ill. Nov. 3, 2015)   After the district court’s initial dismissal o...

estimated retail value claim isn't puffery

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Kabbash v. Jewelry Channel, Inc. USA, 2015 WL 6690236 (C.D. Cal. Nov. 2, 2015)   Holding of most general interest: “Estimated retail va...

Transformative work of the day, Star Wars (not extended) edition

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Galactic History, or Galactic Folk Tale ?, by Max Gladstone/Doctor Flox Beelthrak & Djane Lel (PS: Fantasy fans, check out Gladstone...

Cert petition in right of publicity case

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I joined this brief in support of cert in EA v. Davis, as Jennifer Rothman reports .
Wednesday, November 04, 2015

Every Single Word, spoken no longer due to abusive copyright claim

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Dylan Marron's " Every Single Word Spoken by a Person of Color in [X] " series, where X is a mainstream film, is a powerful in...

When does "no contract" mean "mandatory arbitration contract"?

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Barraza v. Cricket Wireless LLC, 2015 WL 6689396, No. C 15-02471 (N.D. Cal. Nov. 3, 2015)   Cricket advertised a “No Contract” wireless...
Tuesday, November 03, 2015

In which I read the proceedings of the 2009 Fordham IP conference

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Intellectual Property Law &; Policy , Vol. 12, ed. Hugh Hansen: Proceedings from a 2009 conference by a high-protectionist, with occasio...
Monday, November 02, 2015

Only connect: security company enjoined from false association with ADT

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ADT, LLC v. Capital Connect, Inc., 2015 WL 6549277, No. 3:15-CV-2252 (N.D. Tex. Oct. 28, 2015)   ADT provides electronic security servi...