Monthly Archives: December 2017

Natural/organic cigarette claims might be deceptive (with bonus First Amendment talk)

Posted on December 29, 2017 by rtushnet

In re Santa Fe Natural Tobacco Co. Mkting & Sales Practices & Prods. Liab. Litig., 2017 WL 6550897, No. MD 16-2695 (D.N.M. Dec. 21, 2017) Lots of claims here against Natural American Cigarettes. Ultimately, the court allows consumer protection claims … Continue reading →

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Arbitral immunity doesn’t extend to arbitral advertising

Posted on December 29, 2017 by rtushnet

Hopper v. American Arbitration Association, Inc., 2017 WL 6569571, No. 16-55573 (9th Cir. Dec. 7, 2017) The district court dismissed Hopper’s false advertising claim against AAA based on arbitral immunity, and the court of appeals reversed.  “Arbitral immunity extends to … Continue reading →

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“prevailing price” consumer protection rule isn’t unconstitutionally vague

Posted on December 26, 2017 by rtushnet

Haley v. Macy’s, Inc., 2017 WL 6539825, No. 15-cv-06033 (N.D. Cal. Dec. 21, 2017) Haley brought a typical putative class action, with the usual California claims, alleging that Macy’s mislabeled its merchandise with false or inflated “original” or “regular” prices … Continue reading →

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Supplement maker can’t enjoin database changes, but avoids anti-SLAPP dismissal

Posted on December 26, 2017 by rtushnet

Exeltis USA Inc. v. First Databank, Inc., 2017 WL 6539909, No. 17-cv-04810 (N.D. Cal. Dec. 21, 2017) This is an interesting case about the FDA/Lanham Act interaction. Exeltis sells prenatal vitamins that contain 1 mg of folic acid.  They aren’t … Continue reading →

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Another consumer protection case survives despite invocation of In re GNC

Posted on December 21, 2017 by rtushnet

Racies v. Quincy Bioscience, LLC, No. 15-cv-00292, 2017 WL 6418910  (N.D. Cal. Dec. 15, 2017) The court granted Racies’ motion for certification of a California class against the makers of Prevagen, a supposed brain health supplement, covering the usual California … Continue reading →

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We’re not gonna need a bigger bucket: lawsuit against KFC dismissed

Posted on December 21, 2017 by rtushnet

Wurtzburger v. Kentucky Fried Chicken, No. 16-CV-08186, 2017 WL 6416296 (S.D.N.Y. Dec. 13, 2017) Wurtzburger sued KFC for alleged violations of General Business Law §§ 349, 350 and 21 C.F.R. § 100.100 by misleading consumers into believing that KFC’s buckets … Continue reading →

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section 2 refusals are subject to Reed strict scrutiny, Fed. Cir. rules

Posted on December 21, 2017 by rtushnet

In re Brunetti, No. 2015-1109  (Fed. Cir. Dec. 15, 2017) Brunetti wanted to register FUCT; the TTAB affirmed a refusal to register on scandalousness grounds.  The Federal Circuit here deals the inevitable deathblow to scandalousness as a registration bar, but … Continue reading →

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Reading list: measuring the impact of user rights

Posted on December 15, 2017 by rtushnet

Sean M. Flynn & Mike Palmedo, The User Rights Database: Measuring the Impact of Copyright Balance Abstract International and domestic copyright law reform around the world is increasingly focused on how copyright user rights should be expanded to promote maximum … Continue reading →

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Allegedly false certification for competitor brings trade secret, deceptive practices claims

Posted on December 13, 2017 by rtushnet

Duro Corp. v. Canadian Standards Assoc., 2017 WL 6326862, No. 17 CV 1127 (N.D. Ohio Dec. 11, 2017) Duro, a distributor of high end gas ranges, sued the CSA, a nonprofit consumer product safety testing organization, for misappropriation of trade … Continue reading →

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Knit-picking right of publicity question of the day

Posted on December 12, 2017 by rtushnet

I’m learning to knit, and at the local store I encountered this charming pin: Does Arnold Palmer have any recourse against the “yarnold palmer”? from Blogger http://ift.tt/2jUfeHQ

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