Tuesday, June 02, 2020

"Belgium 1926" label on chocolate plausibly indicates current Belgian origin

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Hesse v. Godiva Chocolatier, Inc., 2020 WL 2793014 No. 19-cv-972 (AJN) (S.D.N.Y. May 29, 2020)   The forgiving plausibility standard allow...

"truly tiny" disclaimer at bottom of website didn't prevent factual issue on misleadingness

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Lemberg Law, LLC v. eGeneration Marketing, Inc., 2020 WL 2813177, No. 18-cv-570 (CSH) (D. Conn. May 29, 2020) Lemberg sued eGeneration for...
Monday, June 01, 2020

Copyright preempts/Dastar precludes lawsuit based on Fortnite's copying of a dance move

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Brantley v. Epic Games, Inc., No. v. 19-cv-594-PWG (D. Md. May 29, 2020)   Plaintiffs Brantley and Nickens alleged that in 2016 they creat...
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Thursday, May 28, 2020

turnabout is fair play: undisclosed sponsorship of "objective" report could be misleading; overstatement of court holding could be defamatory

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Pegasystems, Inc. v. Appian Corp., 2020 WL 2616280, No. 19-11461-PBS (D. Mass. May 22, 2020) Pegasystems sued Appian for allegedly falsel...

another case says Google's "free speech" statements are puffery

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Ugh, Google's new Blogger interface is terrible--will I be forced to decamp to Wordpress? Anyway: Lewis v. Google LLC, --- F. Supp. 3d -...
Tuesday, May 26, 2020

Sam's Club exposed to disgorgement for potential warranty differences in grey goods it sold

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Monahan Prods. LLC v. Sam’s East, Inc., 2020 WL 2561255, No. 18-11561-FDS (D. Mass. May 20, 2020) Plaintiff makes UPPAbaby strollers. ...

burden is on Ds to show unprotectability of what they copied

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Compulife Software Inc. v. Newman, 2020 WL 2549505, No. 18-12004, No. 18-12007 (11th Cir. May 20, 2020) The opinion sums up: The v...

court rejects HomeAdvisor's First Amendment defense of its misleading ads

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People ex rel. Gascon v. HomeAdvisor, Inc., A154960, 2020 WL 2486970 (Cal. Ct. App. May 14, 2020) HomeAdvisor appealed an injunction b...

Descriptive fair use on a motion to dismiss

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Outhouse PR, LLC v. Northstar Travel Media, LLC, No. 19-cv-05979-NRB (S.D.N.Y. May 15, 2020) A motion to dismiss granted on descriptiv...