Tag Archives: Doesn&#039t

That's swell: court rules that NY doesn't impose "use in commerce" limit on unfair competition

Can’t Live Without It, LLC v. ETS Express, Inc., — F.Supp.3d —-, 2018 WL 401778, No. 17-cv-3506 (S.D.N.Y. Jan. 15, 2018)Plaintiff S’well sued ETS for trademark infringement and related claims based on its sales of the Force and Swig Bottles, … Continue reading

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Finding of willful infringement still doesn't merit injunction under Herb Reed

A.C.T. Prods., Inc. v. W.S. Indus., Inc., No. 16-0476, 2017 WL 4708152 (C.D. Cal. Jul. 14, 2017)Herb Reed strikes again.  The jury found that defendant had engaged in willful trademark infringement and false advertising, but also that the four-year statute … Continue reading

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"Illegal use of alcohol" doesn't mean driving under the influence

A recent case out of the Sixth Circuit, Heimer v. Companion Life Insurance Co., No. 16-2274, "is about whether a contract should mean what it says." The insurance policy at issue disclaimed coverage for injuries that resulted from the "illegal… … Continue reading

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Arbitral immunity doesn't extend to arbitral advertising

Hopper v. American Arbitration Association, Inc., 2017 WL 6569571, No. 16-55573 (9th Cir. Dec. 7, 2017)The district court dismissed Hopper’s false advertising claim against AAA based on arbitral immunity, and the court of appeals reversed.  “Arbitral immunity extends to claims … Continue reading

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I'm a judge, not a media theorist, Jim: NFU doesn't protect use of Dr. Seuss font in mashup case

Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 16-CV-2779 (C.D. Cal. Dec. 7, 2017) Though the court dismissed the first trademark/copyright infringement complaint against this Star Trek/Dr. Seuss mashup, the amended complaint survives.Copyright: It’s still transformative, but the complaint added … Continue reading

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