Friday, October 30, 2020

Trade dress question of the day, butterbeer--I mean butterscotch beer--edition

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 Found this product, Flying Cauldron butterscotch cream soda: Harry Potter fans (or former fans), what say you?

trademark law continues as 500 pound gorilla in glue case

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J-B Weld Company, LLC v. Gorilla Glue Co., --- F.3d ----, 2020 WL 6144561, No. 18-14975 (11th Cir. Oct. 20, 2020) This case illustrates how ...

website traffic quality assessment isn't advertising, or defamatory as to site

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Young Hollywood LLC v. White Ops, Inc., No. CV 20-03334 PA (RAOx), 2020 WL 6162795 (C.D. Cal. Aug. 6, 2020) Plaintiff is a “publisher and ...
Thursday, October 29, 2020

descriptive fair use defeats counterfeiting claim (on PI motion)

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Freelancer Int’l Pty Ltd. v. Upwork Global, Inc., 2020 WL 6271030, No. 20-cv-06132-SI (N.D. Cal. Oct. 23, 2020) The parties compete in off...

Disparagement doesn't cause TM confusion (and a covid-related claim)

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Dupart v. Roussell, 2020 WL 6308339, No. 20-1406 (E.D. La. Oct. 28, 2020) Plaintiffs (Dupart and Harris) alleged that Roussell’s YouTube v...
Monday, October 19, 2020

robust TX anti-SLAPP law protects critic despite arguments that she was partly competing

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ADB Interest, LLC v. Wallace, 606 S.W.3d 413 (Tex. Ct. App. 2020) This is an anti-SLAPP case about statements by a disgruntled customer/al...

lack of irreparable harm dooms injunction against false advertising of drug disposal product

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In re C2R Global Manufacturing, Inc., No. 18-30182-beh, 2020 WL 5941330 (E.D. Wisc. Bkcy Oct. 6, 2020) Verde sought a preliminary injuncti...

omitting "all" or "every" can avoid literal falsity of general claim

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SkyHawke Technologies, LLC v. GolfzonDeca, Inc., No. SACV 19-1692-GW-PLAx, 2020 WL 6115095 (C.D. Cal. Aug. 3, 2020) A limited preliminary ...

funny survey typo doesn't invalidate confusion survey

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Pinder v. 4716 Inc., 2020 WL 6081498, No. CV-18-02503-RCC (D. Ariz. Oct. 15, 2020) This strip club right of publicity-etc. case is mostly ...
Friday, October 16, 2020

strip club photo litigation: a genre with rulings on false advertising and surveys

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Skinner v. Tuscan Inc., No. CV-18-00319-TUC-RCC, 2020 WL 5946898 (D. Ariz. Oct. 7, 2020) There’s a small cottage industry of right of publ...

AUWCL Booking.com debate

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David Bernstein, Debevoise & Plimpton: we don’t give controlling authority to dictionary meaning or previous generic use. We consider on...