Monthly Archives: August 2015

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

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

Posted in Uncategorized | Tagged , , | Leave a comment

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

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

Posted in Uncategorized | Tagged , , | Leave a comment

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

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

Posted in Uncategorized | Tagged , , , | Leave a comment

DC Circuit panel doubles down on invalidating conflict minerals disclosure

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

Posted in Uncategorized | Tagged , , , | Leave a comment

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

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

Posted in Uncategorized | Tagged | Leave a comment

Ashley Madison and false advertising

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

Posted in Uncategorized | Tagged | Leave a comment

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

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

Posted in Uncategorized | Tagged , , | Leave a comment