Thursday, December 31, 2020

Nominative fair use in the Seventh Circuit: a practical tool

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Data Mgmt. Ass’n Int’l v. Enterprise Warehousing Solutions, Inc., 2020 WL 7698368, No. 20 C 04711 (N.D. Ill Dec. 28, 2020) Without resolving...
Wednesday, December 30, 2020

product changes as false advertising: TM may serve as express warranty of formulation & quality

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Starr v. VSL Pharmaceuticals, Inc., No. TDC-19-2173, 2020 WL 7694480 (D. Md. Dec. 28, 2020) This putative class action is related to the l...

business can assert California consumer protection claims against platform

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Gaby’s Bags, LLC v. Mercari, Inc., No. C 20-00734 WHA, 2020 WL 7664455 (N.D. Cal. Dec. 25, 2020) After the court dismissed plaintiff’s Lan...

no Lanham Act claims, including false advertising, allowed over cannabis

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Shulman v. Kaplan, 2020 WL 7094063, No. 2:19-CV-05413-AB (FFMx) (C.D. Cal. Oct. 29, 2020) The parties compete in the cannabis market, and ...
Tuesday, December 29, 2020

Test yourself: would you have approved this "covid-free" claim?

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 From the NYT this weekend (h/t Zachary Schrag): "It's time to put COVID on hold ... and set out for the ultimate escape to the wor...
3 comments:
Tuesday, December 22, 2020

Another pandemic education case: false advertising fails, contract claim survives

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Bergeron v. Rochester Inst. of Technology, No. 20-CV-6283 (CJS), 2020 WL 7486682 (W.D.N.Y. Dec. 18, 2020) Different district, same result ...
Friday, December 18, 2020

reasonable consumer wouldn't expect advertised in-person classes in pandemic (but contract claims survive)

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Ford v. Rensselaer Polytechnic Institute, No. 20-CV-470, 2020 WL 7389155 (N.D.N.Y. Dec. 16, 2020) This is a putative class action against ...
Thursday, December 17, 2020

fake "independent" review sites support claims against underlying advertiser & website operator

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Beyond 79, LLC v. Express Gold Cash, Inc., 2020 WL 7352545, No. 19-cv-06181 EAW (W.D.N.Y. Dec. 15, 2020) Previous discussion . Beyond 79, ...
Monday, December 14, 2020

What Dastar took, does 1202 give back?

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Another older case found in my year-end roundup. Pilla v. Gilat, 2020 WL 1309086, No. 19-CV-2255 (KMK) (S.D.N.Y. Mar. 19, 2020) Pilla prov...

copyright in model codes after Georgia v. PublicResource.Org

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Older case, but worth working through! International Code Council, Inc. v. UpCodes, Inc., 2020 WL 2750636 (S.D.N.Y. May 26, 2020) ICC clai...
Friday, December 11, 2020

100% good news: 7th Cir. reverses "100% grated parmesan cheese" dismissal

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Bell v. Publix Super Markets, Inc., 2020 WL 7137786, -- F.3d --, Nos. 19-2581, 19-2741 (7th Cir. Dec. 7, 2020) Note: Then-Circuit Judge Ba...

Penn. dilution is broader than federal dilution; former licensee might not own marks despite its registrations

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I.M. Wilson, Inc. v. Otvetstvennostyou “Grichko,” No. 18-5194, 2020 WL 6731109 (E.D. Pa. Nov. 13, 2020) The OG parties are Russian and Cze...

intentional misleadingness obviates need for deception evidence

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Aoki v. Gilbert, 2020 WL 6741693, No. 11-cv-02797-TLN-CKD (E.D. Cal. Nov. 17, 2020) The court explains: “Put most succinctly, at trial Pla...