Wednesday, January 11, 2023

court declines to exclude false ad survey despite variance from TM survey practice

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Simpson Strong-Tie Co. v. MiTek Inc., 2023 WL 137478, No. 20-cv-06957-VKD (N.D. Cal. Jan. 9, 2023) Simpson sued MiTek for Lanham Act and s...

individual communications to retailer & regulator weren't advertising or promotion

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AHBP LLC v. Lynd Co., 2023 WL 139714, No. SA-22-CV-00096-XR (W.D. Tex. Jan. 9, 2023) Along with updating its previous decision (I didn’t ...
Tuesday, January 10, 2023

Google's Inclusive Copyright Thesis Award

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More details here . This contest grants an award to the best master thesis written in English in the field of Copyright Law. Applicants from...

consumer understanding of "non-GMO" plausibly includes "no GMO in animal feed"

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Norman v. Gerber Prods. Co., 2023 WL 122910, No. 21-cv-09940-JSW (N.D. Cal. Jan. 6, 2023) Norman sued Gerber for allegedly falsely adverti...
Friday, January 06, 2023

Seen in the wild: Homo Hut pizza

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 From my spouse:
1 comment:
Wednesday, January 04, 2023

Trademarks and T-shirts on vacation, Jerusalem edition

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 A gift given to my daughter (the cat kindly agreed to stop sitting on it for 10 seconds to allow this picture to be taken): Some other vaca...
Tuesday, January 03, 2023

something's plausibly fishy about Target's omega-3 supplement

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Rodriguez v. Target, 2022 WL 18027615, No. 22 Civ. 2982 (LGS) (S.D.N.Y. Dec. 30, 2022) Plaintiffs sued for breach of express warranty unde...
Friday, December 30, 2022

It's not deceptive for the NY Jets and Giants to play in New Jersey

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Suero v. NFL, 2022 WL 17985657, 22-CV-31 (AKH) (BCM) (S.D.N.Y. Dec. 16, 2022) (R&R) Plaintiffs alleged ten falsehoods related to the N...
Thursday, December 29, 2022

possibly misleading things are afoot at the Circle K: discount class certified

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Petterson v. Circle K Stores, Inc., 2022 WL 17974463, No. 3:21-cv-00237-RBM-BGS (S.D. Cal. Nov. 23, 2022) The court certifies a consumer c...
1 comment:

50 Cents of Endorsement: gossip blog plausibly D's agent for purposes of false endorsement, right of publicity

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Jackson v. Kogan, 2022 WL 17582560, No. 22-22972-Civ-Scola (S.D. Fla. Dec. 12, 2022) Jackson, aka 50 Cent, is a famous artist. Defendant M...
Wednesday, December 28, 2022

Disclosing auto-renewal may require lots of explicitness, Streamlabs discovers

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Leventhal v. Streamlabs LLC, No. 22-cv-01330-LB, 2022 WL 17905111 (N.D. Cal. Dec. 23, 2022) Leventhal, on behalf of a nationwide class, al...

New Balance "Made in the USA" claims may overstate US content

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Cristostomo v. New Balance Athletics, Inc., No. 1:21-cv-12095-AK, 2022 WL 17904394 (D. Mass. Dec. 23, 2022) It’s not just the FTC interest...
2 comments:

"smoked Gouda" plausibly communicates production method, not just flavor

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Castle v. Kroger Co., --- F.Supp.3d ----, 2022 WL 4776319 (E.D. Wis. Oct. 3, 2022) The court declined to dismiss some of Castle’s claims b...

Italy's #1 Brand of Pasta plausibly communicates geographic origin despite Barilla's argument it's just a TM

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Sinatro v. Barilla America, Inc., --- F.Supp.3d ----, 2022 WL 10128276, No. 22-cv-03460-DMR (N.D. Cal. Oct. 17, 2022) Along with the headl...
Tuesday, December 27, 2022

Update on side puzzle blog: Lumen updated, Google still not giving me details of the DMCA notice

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A commenter notes in email that Google is really supposed to give me a copy of the DMCA notice, which it has not, but Lumen at least updated...