Thursday, October 31, 2019

Lack of personal jurisdiction leads to fee award in (c)/false advertising case

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International Inst. of Management v. Organization for Econ. Cooperation & Development, No. 2:18-cv-01748-JCM-GWF, 2019 WL 5578485 (D. ...
Wednesday, October 30, 2019

Trademark overprotection panel, Suffolk

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Second Annual Intellectual Property & Innovation Conference Suffolk University Law School NCSG The State of Trademark “Overprote...
Tuesday, October 29, 2019

ThermoLife continues mixed record in pleading competitive injury from other supplements

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ThermoLife International LLC v. Compound Solutions Inc., No. CV-19-01473-PHX-SMM, 2019 WL 5448804 (D. Ariz. Jul. 30, 2019) ThermoLife ...

DuraBlend leather-ish label not misleading

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Razo v. Ashley Furniture Indus., Inc., No. 17-56770, 2019 WL 5543849, --- Fed.Appx. ---- (9th Cir. Oct. 28, 2019) Ashley preserved its...

implied claims of FDA approval actionable under Lanham Act

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Kurin, Inc. v. Magnolia Medical Technologies, Inc., 2019 WL 5422931, No.: 3:18-cv-1060-L-LL (S.D. Cal. Oct. 23, 2019) Kurin developed ...
Monday, October 28, 2019

it's hard to frame the right cause of action for Amazon seller-on-seller misbehavior

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Factory Direct Wholesale, LLC v. iTouchless Housewares & Products, Inc., 2019 WL 5423450, No. 19-CV-01228-LHK (N.D. Cal. Oct. 23, 2019...

Creating a Facebook page for a rival and leaving fake reviews for them is a bad idea

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We often tell students that one risk of bringing a false advertising claim, as a competitor, is that there might be counterclaims if you d...

law firm blog about somebody else's case isn't commercial speech

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Wexler v. Dorsey & Whitney, LLP, --- F.Supp.3d ----, 2019 WL 5485265, No. 18-CV-3066-SJB (E.D.N.Y. Oct. 25, 2019) Eric Goldman...

Heart of darkness: hedonic regression damages model allows certification in flushable wipes case

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Kurtz v. Kimberly-Clark Corp., --- F.Supp.3d ----, 2019 WL 5483510, Nos. 14-CV-1142, 14-CV-4090 (E.D.N.Y. Oct. 25, 2019) Here, the con...
Friday, October 25, 2019

company claiming rights in "overhead doors" makes little headway against challenger

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OGD Equipment Co. v. Overhead Door Corp., No. 17-cv-00898-ALM-KPJ, 2019 WL 5390589 (E.D. Tex. Jul. 15, 2019) This is the magistrate ju...

TM/ad text question of the day

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The shorthand rule in the US is that if you don't use the competitor's trademark in your ad text, you're fine. What if you do? T...
Thursday, October 24, 2019

TRO against insurer to provide information during open enrollment

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PeaceHealth v. Health Net Health Plan, Inc., 2019 WL 5386474, No. 6:19-cv-01648-MK (D. Ore. Oct. 21, 2019) Here, the court worries abo...

putative falsity about medical test not material to labs, but maybe to doctors

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Quidel Corp. v. Siemens Medical Solutions USA, Inc., No. 16-cv-3059-BAS-AGS, 2019 WL 5320390 (S.D. Cal. Oct. 21, 2019) A pair of opini...
Monday, October 14, 2019

Amicus in Dr. Seuss v. ComicMix

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Here. With Mark Lemley, Jessica Litman, Lydia Loren, Pam Samuelson, and Erik Stallman. 

incentivized reviews/targeted upvoting can be false advertising, court reiterates

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Vitamins Online, Inc. v. HeartWise, Inc., No. 13-CV-982 (D. Utah Sept. 24, 2019) Supplement industry behavior is wild.   Vitamins ...