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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Monthly Archives: August 2017
Is a ban on the words “climate change” in grants consistent with Tam?
This image, of a government employee telling a grant applicant that her proposal can’t use “climate change” or “global warming” and get funded, seems like a pretty good example of a “happy talk” provision. Is this new requirement an unconstitutional … Continue reading
cy pres-only settlement ok’d in Google privacy case
In re Google Referrer Header Privacy Litigation, — F.3d —-, 2017 WL 3601250, No. 15–15858 (9th Cir. Aug. 22, 2017) The underlying class action claimed that Google violated users’ privacy by disclosing their internet search terms to owners of third-party … Continue reading
4th Cir. holds certification nonprofit’s self-promotion to retailers is commercial speech
Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., No. 16-1813, 2017 WL 3601506, — F. Appx. – (4th Cir. Aug. 22, 2017) The court of appeals affirmed the district court ruling that a nonprofit egg certifier’s disparagement of … Continue reading
Tag-along state UDAP claim leads to $18.5 million fee shift against unsuccessful plaintiff
Procaps S.A. v. Patheon Inc., No. 12-24356-CIV, 2017 WL 3536917 (S.D. Fla. Aug. 17, 2017) This case stands as a stark reminder that adding a state-law deceptive trade practices claim to a federal claim can have serious consequences—the only reason … Continue reading
Bad dilution claims are so common that they aren’t “exceptional” for fee-shifting, court rules
Parks, LLC v. Tyson Foods, Inc., 2017 WL 3534993, No. 15-cv-00946 (E.D. Pa. Aug. 17, 2017) Tyson sought attorneys’ fees in this Lanham Act case after its summary judgment victory was affirmed by the Third Circuit. The court found that … Continue reading
reading list: Willis on remedies for consumer fraud
Lauren E. Willis, Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017) Abstract In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the … Continue reading
Comparative advertising using P’s logo is nominative fair use
SolarEdge Technologies Inc. v. Enphase Energy, Inc., 2017 WL 3453378 17-cv-04047 (N.D. Cal. Aug. 11, 2017) SolarEdge sued Enphase, a competitor in the business of selling electronic components for solar panels (aka PV modules), for false advertising and trademark infringement. … Continue reading
taking customer list as conversion; false claims of official investigation as false advertising
Yeti Enters. Inc. v. Tang, 2017 WL 3478484, No. 13-cv-01203 (D. Or. Aug. 14, 2017) This is a tangled story that illustrates how false advertising claims can arise from failed business agreements. Plaintiff NPK sued Nicholas Jackson and Jessica Lilga … Continue reading
Traveling pictures: trademark/publicity rights questions, bonus torts
Yellowstone proper had very little in the way of obvious TM issues, interestingly enough. Other things I have encountered: For the torts folks; note especially the guy in the background blithely walking away from the dissolving child “Nothing in life … Continue reading
Rebecca Tushnet 