Monthly Archives: May 2017

Lost sales as irreparable harm

Posted on May 1, 2017 by rtushnet

Epson America, Inc. v. USA111, Inc., No. 17-cv-00129, 2017 WL 1484400 (D.S.C. Apr. 26, 2017) Let’s admit it: the case law is a mess on this.  Epson sued its competitor, d/b/a iRULU, for falsely advertising its portable consumer projectors, specifically … Continue reading →

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split panel upholds Berkeley cell disclosure law

Posted on May 1, 2017 by rtushnet

CTIA-The Wireless Ass’n v. City of Berkeley, No. 16-15141 (9th Cir. Apr. 21, 2017) A City of Berkeley ordinance requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them … Continue reading →

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“tests prove X” claim can’t be falsified by showing not-X, court (wrongly) rules

Posted on May 1, 2017 by rtushnet

Dyson, Inc. v. SharkNinja Operating LLC, No. 14-cv-09442 (N.D. Ill. Apr. 26, 2017) Dyson and Shark compete in the market for vacuum cleaners. When Shark began running an infomercial for its competing vacuum in September 2014, Dyson’s margin on its … Continue reading →

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US companies can be enjoined from false advertising in China

Posted on May 1, 2017 by rtushnet

Primo Broodstock, Inc. v. American Mariculture, Inc., No. 17-cv-9, 2017 WL 1502714 (M.D. Fla. Apr. 27, 2017) Primo is a Texas corporation that breeds and sells “highly disease-resistant” shrimp from the Ecuadorian litopenaeus vannamei strain. Defendant Robin Pearl has an … Continue reading →

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