Monthly Archives: May 2017

Another outlet price deception case, with pictures

Stathakos v. Columbia Sportswear Co., 2017 WL 1957063, No. 15-cv-04543 (N.D. Cal. May 11, 2017) The parties sued Columbia, bringing the usual California claims, for alleged use of deceptive and misleading reference prices on merchandise in its company-owned Columbia outlet … Continue reading

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a true story of a false advertising claim based on a “true story”

Incarcerated Entertainment, LLC v. Warner Bros. Pictures, No. 16-cv-1302 (M.D. Fla. May 10, 2017) Plaintiff alleged that it owned the rights to the life story of Efraim Diveroli and sued Warner for false advertising and unfair competition, based on Warner’s … Continue reading

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remedial actions prevent finding of irreparable harm for TRO

Ocusoft, Inc. v. Walgreen Co., 2017 WL 1838106, No. H-17-1037 (S.D. Tex. May 8, 2017) Ocusoft sells “the first commercially available eyelid cleanser, Ocusoft Lid Scrub,” which Walgreens aells alongside its private label eyelid cleansing pads, which are routinely placed … Continue reading

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allegedly false claims of official endorsement by Trump can be false advertising

Bobbleheads.com, LLC v. Wright Brothers, Inc., 2017 WL 1838932,  No. 16-CV-2790 (S.D. Cal. May 8, 2017) Bobbleheads.com makes bobbleheads, including the Hillary Clinton Striped Prison Pantsuit Bobblehead, an application for copyright registration for which was filed Sept. 2, 2016 (and … Continue reading

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CFP: 2018 AALS Annual Meeting

To encourage and recognize excellent legal scholarship and to broaden participation by new law teachers in the Annual Meeting program, the association is sponsoring a call for papers for the 32nd annual AALS Scholarly Papers Competition. Those who will have … Continue reading

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False advertising and the privatized state

Hansen v. Scram of California, Inc., No. 17-cv-01474, 2017 WL 1628401 (C.D. Cal. Apr. 28, 2017) When the carceral state becomes a business, can it commit business torts?  Plaintiffs sued Scram and Alcohol Monitoring Systems (AMS) for the usual statutory … Continue reading

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City of Chicago can sue pharmacos for falsely advertising opiods

City of Chicago v. Purdue Pharma L.P., 211 F.Supp.3d 1058 (N.D. Ill. 2016) The court sustained in part a claim by Chicago against defendant pharmacos, based on their allegedly deceptive and unfair marketing campaigns that served to “reverse[] the medical … Continue reading

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court allows company to bring right of publicity claim

Youngevity Int’l, Corp. v. Smith, No. 16-cv-00704, 2016 WL 7626584 (S.D. Cal. Dec. 1, 2016) Youngevity and Dr. Joel D. Wallach sell various health supplements using independent direct sellers known as “distributors” to move product. The individual defendants were former … Continue reading

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Illinois right of publicity allows truthful statements about performers in ads

Martin v. Wendy’s International, Inc., No. 15 C 6998 (N.D. Ill. Apr. 28, 2017) Discussion of the initial dismissal here.  The revised complaint fares no better. Martin holds the world record for consecutive kicks of a footbag, which was mentioned … Continue reading

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What does a counterfeit look like?

Coach, Inc. v. Chung Mei Wholesale, Inc., 2016 WL 7470001, No. 15-22829 (S.D. Fla. Jul. 17, 2016) Interesting case involving alleged counterfeiting of Coach products.  The defendants ran a business importing goods from China and selling them to retailers and … Continue reading

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