Tuesday, December 20, 2022

Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

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Monbo v. Nathan, --- F.Supp.3d ----, 2022 WL 4591905, No. 18-CV-5930 (MKB) (E.D.N.Y.  Aug. 26, 2022) Late, but just showed up in my Westcl...
Monday, December 19, 2022

Sweepstakes rules trump arbitration agreement, 9th Circuit affirms

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Suski v. Coinbase, Inc., --- F.4th ----, 2022 WL 17726673, No. 22-15209 (9th Cir. Dec. 16, 2022) Affirming the district court , the court ...
Friday, December 16, 2022

Illinois court finds insurance coverage for alleged trade dress infringement

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State Farm Fire & Cas. Co. v. Advanced Inventory Management, Inc., No. 1-22-0662, 2022 IL App (1st) 220662-U (Ill. Ct. App. Dec. 15, 202...

claims to fill a gap in the market are puffery

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Tracy Anderson Mind & Body, LLC v. Roup, 2022 WL 17670418, No. CV 22-4735-RSWL-Ex (C.D. Cal. Dec. 12, 2022) Plaintiffs sued defendants...
Tuesday, December 13, 2022

Trademark (and privacy) question of the day, Elf edition

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 I didn't think the image was real, but it seems to be sold : Questions: (1) Imagine interpreting our society through this object. (2) T...
Monday, December 12, 2022

FDA's graphic tobacco warnings unconstitutional, dct rules

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R.J. Reynolds Tobacco Co. v. U.S. Food & Drug Admin., No. 6:20-cv-00176 (E.D. Tex. Dec. 7, 2022) The judge who issued a nationwide inj...

False advertising about a bankrupt competitor doesn't violate the automatic stay

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In re Windstream Holdings, Inc., 2022 WL 5245633, No. 21-CV-4552 (CS) (S.D.N.Y. Oct. 6, 2022) The district court reverses the bankruptcy c...

ChatGPT experiments

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Prompted by recent reporting and inspired in particular by Ian Bogost's piece , I fed ChatGPT some of the questions I ask my students, a...
Friday, December 09, 2022

Johns Hopkins says the dumbest thing about trademark I've seen in a while

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 " Every use of the JHU Name and Marks conveys an association with JHU and potentially affects the institution’s reputation," says...
Thursday, December 08, 2022

ct orders injunctive relief against misleading rewording of geographical origin claim

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Republic Technologies (NA), LLC v. BBK Tobacco & Foods, LLP, 2022 WL 17477602,  No. 16 C 03401 (N.D. Ill. Dec. 6, 2022) A jury found t...
Friday, December 02, 2022

court accepts survey universe of respondents who'd logically be interested in D's products despite possible overbreadth

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Kodiak Cakes, LLC v. JRM Nutrasciences, LLC, 2022 WL 17340660, No. 2:20-cv-00581-DBB-JCB (D. Utah Nov. 30, 2022) Extensive discussion of L...
Thursday, December 01, 2022

painful vaccination is injury for NY GBL purposes

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DeCostanzo v. GlaxoSmithKline PLC, 2022 WL 17338047, No. 21-CV-4869 (GRB)(AYS) (E.D.N.Y. Nov. 29, 2022) DeCostanzo’s putative class action...

user manuals aren't "commercial advertising or promotion" but do have thin copyright

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Santos Elecs. Inc. v. Outlaw Audio, LLC, No. 8:22-cv-827-JVS-KESx, 2022 WL 17328411 (C.D. Cal. Oct. 28, 2022) Outlaw lost its bid for a pr...

plaintiffs fail to show Lexmark proximate cause where D's statements were part of a larger public controversy

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McNeil v. Mount Carmel Health Sys., No. 2:20-cv-258 (S.D. Ohio Nov. 29, 2022) Plaintiffs, eight former Mount Carmel nurses and one former ...