Wednesday, July 03, 2024

Puffery in the wild

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 spotted on the T:

Slow fashion: checkerboard design plausibly infringes another checkerboard design

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Hian v. Louis Vuitton USA Inc, 2024 WL 3237591, No. 22-3742 (E.D. Pa. Jun. 28, 2024) The court tosses out most of an independent fashion d...
Tuesday, July 02, 2024

NetChoice and Calvinball: Initial thoughts

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I understand if you don’t think that the First Amendment is an area where SCOTUS is really doing “law” as we were taught it, but as a distra...
1 comment:
Monday, July 01, 2024

lawsuit against plaintiffs' expert witness fails on First Amendment grounds

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LTL Mgmt. LLC v. Moline, 2024 WL 3219683, No. 23-02990 (GC) (JTQ) (D.N.J. Jun. 28, 2024) Not currently in bankruptcy, LTL—J&J’s soluti...

9th Circuit holds that California's Sherman Act can be enforced by private plaintiffs

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Davidson v. Sprout Foods, Inc., --- F.4th ----, 2024 WL 3213277, No. 22-16656 (9 th Cir. Jun. 28, 2024) In a surprisingly-to-me divided o...
Thursday, June 27, 2024

bad influence: claims against vodka producer proceed, including failure to disclose endorser payments

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Sava v. 21 st Century Spirits, LLC, 2024 WL 3161625, No. 22 C 6083 (N.D. Ill. Jun. 25, 2024) 21 st Century sells Blue Ice Vodka and uses...
Monday, June 17, 2024

Initial thoughts on Elster

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In part so as not to repudiate big chunks of Tam/Brunetti, the Court instead delivers a major rebuke to Reed v. Town of Gilbert, 576 U.S. 15...
Tuesday, June 11, 2024

Is a free trial version "commercial speech"?

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Enigma Software Gp. USA LLC v. Malwarebytes Inc., 2024 WL 2883671, No. 17-cv-02915-EJD (N.D. Cal. Jun. 6, 2024) This is the latest decisio...
Monday, June 10, 2024

where ingredients list can't clarify ambiguity, "manage blood sugar" claim is plausibly misleading

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Prescott v. Abbott Laboratories, --- F.Supp.3d ----, 2024 WL 2843092, No. 23-cv-04348-PCP (N.D. Cal. Jun. 5, 2024) Abbott Laboratories’s G...

"#1 Brand" claim was literally false because of apples-to-oranges comparison

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Zesty Paws LLC v. Nutramax Labs., Inc., No. 23 Civ. 10849 (LGS), 2024 WL 2853622 (S.D.N.Y. Jun. 4, 2024) Finding Zesty Paws’ “#1 Brand” cl...
Tuesday, June 04, 2024

Another challenge to "up to 8 hours of relief" proceeds

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Sheiner v. Supervalu Inc., 2024 WL 2803030, No. 22 Civ. 10262 (NSR) (S.D.N.Y. May 28, 2024) Supervalu sold a “Maximum Strength Lidocaine P...
Monday, June 03, 2024

Second Circuit affirms rejection of "All Natural" survey as too leading

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Bustamante v. KIND, LLC, 100 F.4th 419 (2d Cir. 2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s fals...
Tuesday, May 28, 2024

"up to" absorbency claims for period underwear were plausibly misleading

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Gamino v. Thinx Inc., No. EDCV 23-2067 JGB (SHKx), 2024 WL 2429307 (C.D. Cal. Apr. 18, 2024) Gamino brought a host of California statutory...
Thursday, May 16, 2024

BIPLA (Boston Intellectual Property Law Association) Writing Competition call for papers

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1st Prize:$1,000 2nd Prize:$500  BIPLA is once again holding its annual Writing Competition. Law school students are encouraged to submit p...
Monday, May 13, 2024

Reminder on Call for Papers: Trademark and Unfair Competition Scholarship Roundtable 2024

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  The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place ...