Mere Sale of Allegedly Infringing Iron Man Items in State Not Enough for Jurisdiction

Horizon Comics v. Marvel Entertainment, et al.

Facts: Allegations that mechanized body armor in Iron Man is substantially similar to Horizon's Radix comic book series. Iron Mon films were shown in Massachusetts (MA), and the books are available for purchase on websites accessible by MA consumers. The plaintiff sued in MA.

Holding: Venue is not proper in MA since nothing distinguishes MA from the other states where the iron Man films were shown or sold.


10th Circuit Reviews Advertising Claims

Intermountain Stroke Center, Inc. v. Intermountain Health Care, Inc.

Ad Claims:

  • "Identify and implement best medical practices at the lowest available cost"
  • ''best medical practices, exceeding the standard of care, delivering the best possible care and delivering high quality care in all services"

Holding: "Sales puffery"

Ad Claim: "[W]e carefully review financial relationships with physicians and other Health are Practitioners for compliance with the anti-kickback and Stark laws."

Holding: Announcement of intent to behave ethically falls outside the purview of a Lanham Act false advertising claim, as its inherently aspirational.


Oscars Sues Over Oscars Gift Bag

Academy of Motion Picture Arts and Sciences v. Lash Fary d/b/a Distinctive Designs

Allegations:

  • Suit alleges trademark infringement and false advertising.
  • Defendant promotes third-party products with gift bags to Oscar nominees.
  • Defendant has no permission from the Academy.
  • Defendant's promotion: "Everyone Wins At The Oscars®!, Nominee Gift Bags," "Everyone Wins Nominee Gift Bags in Honor of the Oscars®," and "#OscarGiftBag."
  • Defendant's use of® proves it was aware of tradernark rights.
  • Defendant agreed to stop creating a false association last year.
  • Academy demanded disclaimer of affiliation in smallest font used elsewhere in the main text of the page or image.

Co. Sues After Business Tanks Due to Right of Publicity Claim

Marz Sprays v. Getty Images and Feinstein McGuinness Public Relations

Facts: Marz alleges it was invited to take part in a "gifting suite" and bought a photo package from defendants for use of the photos, including a photo of Jennifer Love Hewitt holding Marz products. Marz was sued by JLH for use of the photo on its webite/e-mail marketing, which led to bad publicity.

Allegations: Marz alleges breach of contract, fraud, and negligent misrepresentation.