Monthly Archives: August 2015

court rejects stay, orders recall in pregnancy test false advertising case

Posted on August 31, 2015 by rtushnet

Church & Dwight Co., Inc. v. SPD Swiss Precision Diagnostics, GmbH, 2015 WL 5051769, No. 14–CV–585 (S.D.N.Y. Aug. 26, 2015)   The court previously found that SPD engaged in false advertising; SPD moved to stay or modify any injunction pending … Continue reading →

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Upset tummies at P&G: Sixth Circuit affirms class certification on “snake oil” theory

Posted on August 28, 2015 by rtushnet

Rikos v. Procter & Gamble Co., — F.3d —-, 2015 WL 4978712 (6th Cir. June 16, 2015)   A court of appeals affirms the certification of a consumer protection class action, a rarity worth noting.   Plaintiffs bought Align, P&G’s … Continue reading →

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Fifth Circuit upholds mandatory self-abnegating disclosure to correct competitor’s harassment

Posted on August 26, 2015 by rtushnet

Test Masters Educational Services, Inc. v. Robin Singh Educational Services, Inc., No. 13-20250 (5th Cir. Aug. 21, 2015)   The parties, test prep companies, have competing claims to TESTMASTERS as a trademark, and have been litigating for over a decade.  … Continue reading →

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DC Circuit panel doubles down on invalidating conflict minerals disclosure

Posted on August 24, 2015 by rtushnet

Nat’l Ass’n of Mfgrs v. SEC, No. 13-5252 (D.C. Cir. Aug. 18, 2105)   After the AMI en banc decision, the panel granted rehearing of National Association of Manufacturers v. SEC, 748 F.3d 359 (D.C. Cir. 2014).  The panel, over … Continue reading →

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The platonic ideal of fair use: critical remix of municipal video

Posted on August 24, 2015 by rtushnet

City of Inglewood v. Teixeira, No. 15-cv-01815 (C.D. Cal. Aug. 20, 2015)   Teixeira lives in Inglewood, California, and posts videos on YouTube as “Dehol Trouth.”  The City argued that he infringed the City’s copyright in recordings of its city … Continue reading →

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Ashley Madison and false advertising

Posted on August 24, 2015 by rtushnet

I’m sure there’s a dirty joke in here somewhere: the Ashley Madison hack apparently exposed the site’s promise of equal numbers of men and women seeking opposite-sex affairs as untrue, with women running more at 15% of the site.  I … Continue reading →

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Consumers can’t bring the claim that Pom could against Minute Maid

Posted on August 21, 2015 by rtushnet

Stansfield v. Minute Maid Co., 2015 WL 4873685, No. 4:14cv290 (N.D. Fla. Aug. 13, 2015)   The court kicked out consumer protection claims based on the same falsity alleged in Pom Wonderful v. Coca-Cola, on the ground that they were … Continue reading →

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Court finds misleading omissions can deprive ISP of 230 protection

Posted on August 21, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, No. 14-cv-01932, 2015 WL 4911585 (D. Colo. Aug. 18, 2015)   General Steel sued Chumley and Atlantic Building, of which he was CEO, for false advertising, libel, and intentional interference with prospective business … Continue reading →

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Copyright infringement is channeled into (c), not state or Lanham Act claims

Posted on August 19, 2015 by rtushnet

Quadratec, Inc. v. Turn 5, Inc., 2015 WL 4876314, No. 13–6384 (E.D. Pa. Aug. 13, 2015)   The parties compete to sell removable soft tops and other aftermarket parts and accessories for Jeep vehicles. Quadratec alleged that it invests substantial … Continue reading →

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Connecticut taxi companies’ claims against Uber fail

Posted on August 18, 2015 by rtushnet

Greenwich Taxi, Inc. v. Uber Technologies, Inc., 2015 WL 4774989, No. 14cv733 (D. Conn. Aug. 13, 2015   Plaintiffs sued Uber for violating the Lanham Act, the Connecticut Unfair Trade Practices Act (CUTPA), and RICO, as well as for intentional … Continue reading →

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