Faruki Blog

Be Careful About the Ohio Saving Statute -- It Does Not Save All

The Ohio Supreme Court recently decided a murky issue regarding the Ohio saving statute, R.C. 2305.19 in Portee v. Cleveland Clinic Foundation, 155.. Read More

UPDATE: Will the Court Dismiss the False and Deceptive Advertising Class Action Lawsuit Filed Against Rachel Ray's Pet Food Company?

In my previous blog "Does a Herbicide Make Rachael Ray's Nutrish Dog Food Not 'Nutrish'? One Pet Owner Thinks So," I noted that the court in Parks v... Read More

UPDATE: 1-800 Contacts' Reply Brief and Oral Argument Scheduled in the FTC's Antitrust Case Against 1-800 Contacts

In this latest update on the FTC's case against 1-800 Contacts, I can report that on February 27, 2018, 1-800 Contacts filed a Reply Brief on Appeal.. Read More

Lucarell v. Nationwide – A Case All Commercial and Contract Lawyers Should Read

The Supreme Court of Ohio reaffirms and clarifies law in Ohio on breach of contract, implied duty of good faith, punitive damages, releases of.. Read More

Nominative Fair Use in the Second Circuit – A New Approach?

"Nominative Fair Use": what is this doctrine and how are the courts recognizing and applying it to claims of trademark infringement under the Lanham.. Read More

Update on Coca-Cola's Trademarking of Twitter Hashtags

In what may be a growing trend in social media marketing, attempting to trademark Twitter hashtags -- a phrase or keyword preceded by the symbol # to.. Read More