Monthly Archives: January 2017

TCPA survives strict scrutiny

Brickman v. Facebook, Inc., No. 16-cv-00751, 2017 BL 25487 (N.D. Cal. Jan. 27, 2017) One criticism of expanding strict scrutiny is that courts will be extremely tempted to find that sensible regulations pass strict scrutiny, thus watering down its protection … Continue reading

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Amazon escapes liability for ads & emails touting vendors’ infringing products

Lasoff v. Amazon.com Inc, 2017 WL 372948, No. C16-151 (W.D. Wash. Jan. 26, 2017) Lasoff owns Ingrass, which sells artificial turf and related products.  He sold through Amazon, but in 2013 his sales allegedly began to plummet, both on his … Continue reading

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Disgorgement isn’t distinguishable from restitution in ordinary consumer protection case

Brazil v. Dole Packaged Foods, LLC, 660 Fed.Appx. 531 (9th Cir. 2016) Brazil brought the usual California claims, alleging that defendants deceptively described their fruit products as “All Natural Fruit.” Brazil property alleged that Dole’s labels were deceptive given that … Continue reading

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For law students: Notre Dame summer IP program

Details on the Notre Dame “Get a Leg Up in IP” program this summer. from Blogger http://ift.tt/2jRCLXK

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Another “omissions about slave labor” case fails in Cal.

Sud v. Costco Wholesale Corp., No. 15-cv-03783, 2017 WL 345994 (N.D. Cal. Jan. 24, 2017) Sud brought the usual California claims based on allegations that Costco sold prawns for which the supply chain was tainted by slavery, human trafficking, and … Continue reading

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Older case: placement of medical device on market isn’t representation of FDA approval

Intra-Lock International, Inc. v. Choukroun, 2015 WL 11422285, No. 14-cv-80930 (S.D. Fla. May 4, 2015) Old, but new in Westclip (why? It’s an algorithmic mystery), and presents an interesting fact pattern about FDA approval/the lack thereof and the relationship between … Continue reading

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False claims of discounts cause Article III injury

Morrow v. Ann Inc., 2017 WL 363001, No. 16-CV-3340 (S.D.N.Y. Jan. 24, 2017) Plaintiffs alleged that Ann deceptively advertised merchandise sold in its Ann Taylor Factory and LOFT Outlet stores by falsely claiming on its sales tags, in-store signage, and … Continue reading

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