Monthly Archives: October 2017

Consumers can’t recover for GM’s self-tarnishment

Posted on October 31, 2017 by rtushnet

In re General Motors LLC Ignition Switch Litigation, — F.Supp.3d —- 2017 WL 2839154, No. 14–MD–2543 (S.D.N.Y. Jun. 30, 2017) This multidistrict litigation arose from the 2014 recall by General Motors LLC (New GM) of General Motors (GM) vehicles that … Continue reading →

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Just in time for Halloween, a Reese’s question

Posted on October 31, 2017 by rtushnet

Should Reese’s object to the following description of candy molds? The “Reese’s Shape” version of the tartlet/candy mold Nominative fair use? from Blogger http://ift.tt/2gQoieM

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Initial decision in FTC 1-800 case finding that anti-keyword agreements violated antitrust law

Posted on October 31, 2017 by rtushnet

Agreed-on limits on advertising, like agreed-on limits on other inputs, risk being a per se violation of the antitrust laws.  Here, a blanket ban, including a negative keyword requirement (so that someone bidding on “contacts” wouldn’t get ads run against … Continue reading →

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Public disclosure of private facts

Posted on October 27, 2017 by rtushnet

Setting FERPA aside, does Taiwan Jones have any claim based on the viral tweet about his failed midterm?  (Skepticism here.) from Blogger http://ift.tt/2yTyE5W

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Website copying allegations allow potpourri of claims

Posted on October 27, 2017 by rtushnet

DHI Group, Inc. v. Kent, No. 16-1670, 2017 WL 4837730 (S.D. Tex. Oct. 26, 2017) DHI and Oilpro compete in the market for websites for oil and gas professionals that include job postings. DHI filed a lawsuit against Oilpro and … Continue reading →

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Likely success & irreparable harm still doesn’t justify ex parte TRO against false ad. given counterspeech

Posted on October 27, 2017 by rtushnet

Verified Nutrition, LLC v. Sclar, 2017 WL 4785948, No. 17-cv-07499 (C.D. Cal. Oct. 23, 2017) Verified sells ProstaGenix, which is “an all-natural supplement with a proprietary form of Beta-sitosterol” (BetaRexin). Verified primarily advertises ProstaGenix through an infomercial featuring Larry King, … Continue reading →

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9th Circuit rules failure to recognize labeled ads as such “implausible”

Posted on October 23, 2017 by rtushnet

Novation Ventures, LLC v. J.G. Wentworth Co., No. 16-55289, 2017 WL 4711477 (9th Cir. Oct. 19, 2017) District court opinion discussed here. The court of appeals affirmed the dismissal of this case against J.G. Wentworth arguing that its use of … Continue reading →

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9th Circuit rules inability to trust future representations provides standing for injunctive relief

Posted on October 23, 2017 by rtushnet

Davidson v. Kimberly-Clark Corp., 2017 WL 4700093, — F.3d –, No. 15-16173 (9th Cir. Oct. 20, 2017) Rejecting a number of district court decisions, the Ninth Circuit finds standing to seek injunctive relief under California consumer protection laws even when … Continue reading →

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When the specifics are misleading: medical test stats draw false advertising claim

Posted on October 19, 2017 by rtushnet

Quidel Corp. v. Siemens Med. Solutions USA, Inc., 2017 WL 4654644, No. 16-cv-3059 (S.D. Cal. Oct. 16, 2017) Quidel is a “diagnostic healthcare manufacturer” that “developed, promotes and sells the Thyretain TSI Reporter BioAssay,” which is “intended for the qualitative … Continue reading →

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Reading list: scientific claims and anti-fraud laws

Posted on October 18, 2017 by rtushnet

Shannon Roesler, Evaluating Corporate Speech About Science (forthcoming, Geo. L.J. 2018) Pull quote: “[C]onsumer protection laws should encourage accurate representations of contemporaneous scientific knowledge, rather than lucky guesses about the state of scientific knowledge in the future.”  Amen. Abstract: How … Continue reading →

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