Friday, February 28, 2025

Rogers v. Grimaldi lives on, at least for work content

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Of note because the lawsuit was brought at all, suggesting that trademark owners are willing to try to roll back any First Amendment protect...

5th Circuit discounts confusion caused by overlap in commonly used arbitrary word

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Rampart Resources, Inc. v. Rampart/Wurth Holding, Inc., No. 24-30111, 2025 WL 586820 (5 th Cir. Feb. 24, 2025) District court’s denial of...
Thursday, February 27, 2025

pandemic education shutdowns allow unjust enrichment, not contract or false advertising claims

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Yodice v. Touro College & Univ. Sys., 2025 WL 579957, No. 21cv2026 (DLC) (S.D.N.Y. Feb. 21, 2025) Yodice sued Touro for reimbursement ...

disgorging a CEO's salary, then trebling the amount?

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Multiple Energy Technologies, LLC v. Casden, 2025 WL 579641, № 2:21-cv-01149-ODW (RAOx) (C.D. Cal. Feb. 21, 2025) I just posted about cou...

FDA preclusion doesn't work as often after Pom Wonderful (or Loper Bright?)

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Pacira BioSciences, Inc. v. Ventis Pharma, Inc., 2025 WL 576549, No. 2:24-cv-07554-MRA-RAO, (C.D. Cal. Jan. 17, 2025) Pacira alleged that ...

Remedy creep: SCt seems to endorse more disgorgement

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Dewberry Group, Inc. v. Dewberry Engineers Inc., No. 23–900 (Feb. 26, 2025) We’ve gone very fast from most lower courts saying that willfu...
Friday, February 21, 2025

distinguishing false establishment claims from lack of substantiation claims

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Kurin, Inc. v. ICU Medical, Inc., 2024 WL 5416672, No. 8:24-cv-00564-FWS-ADS (C.D. Cal. Nov. 8, 2024) The parties compete in the market fo...
Monday, February 17, 2025

reminder: Harvard/Yale/Stanford Junior Faculty Forum, June 2-3, 2025 submissions due soon

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  Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum June 2-3, 2025, Harvard Law School Harvard, Stanford, and Yale Law Scho...

game spat expands beyond false advertising to TM and (c)

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Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 438387, 24cv1646(DLC) (S.D.N.Y. Feb. 7, 2025) Previous discussion. Skillz sued its c...
Friday, February 14, 2025

J&J's talc subsidiary can bring trade libel but not Lanham Act claims against testifying experts

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LLT Management LLC v. Emory, No. 4:24-cv-75, 2025 WL 438100 (E.D. Va. Feb. 7, 2025) The defendants “published an article in a scientific j...

LinkedIn connection supports right of publicity claim for otherwise generic word

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Joel E. Cape, PLC v. Cape Law PC, --- F.Supp.3d ----, 2024 WL 4839370, NO. 5:24-CV-5104 (W.D. Ark. Nov. 20, 2024) The right of publicity c...