Monthly Archives: February 2018

Tiger, tiger burning bright: Did he who made the Lokai make thee?

Lokai Holdings LLC v. Twin Tiger USA LLC, No. 15-CV-9363, 2018 WL 739435 (S.D.N.Y. Feb. 6, 2018) Lokai sued Twin Tiger for trade dress infringement, unfair competition, and false advertising based on Twin Tiger’s sale of bracelets similar to those … Continue reading

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repeating a tested claim about later product editions isn’t literally false without relevant differences between editions

Strategic Partners, Inc. v. Vestagen Protective Technologies, Inc., No. 16-CV-05900, 2017 WL 5951881 (C.D. Cal. Nov. 13, 2017) Vestagen makes Vestex scrubs, a product made with a fabric containing a fluid barrier and antimicrobial agent that inhibits the growth of … Continue reading

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Cal’s anti-SLAPP law protects some commercial speech, especially when it’s not really commercial

Dean v. Friends of Pine Meadow, 2018 WL 774065, No. A149735 (Cal. Ct. App. Feb. 8, 2018) Dean (shorthand here for Dean & other plaintiffs) sued defendants for allegedly false statements and publications regarding Dean’s plan to construct a housing … Continue reading

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Lexmark allows false advertising claim against law firm for soliciting timeshare clients

Diamond Resorts Int’l, Inc. v. Aaronson, 2018 WL 735627, No. 17-cv-1394 (M.D. Fla. Jan. 26, 2018) Diamond is a timeshare developer managing more than 420 membership resorts worldwide. The Aaronson defendants are an Orlando-based attorney and his law firm focusing … Continue reading

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A trace of deceptiveness in bourbon age labeling

Penrose v. Buffalo Trace Distillery, Inc., 2018 WL 705054, No. 17CV294 (E.D. Mo. Feb. 5, 2018) Plaintiffs brought a putative class action claiming that BT misrepresented that  Old Charter bourbon has been “aged 8 years.” The court mostly refused to … Continue reading

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It’s an ex-Lanham Act case without evidence of materiality

Not Dead Yet Manufacturing Inc. v. Pride Solutions, LLC, 2018 WL 688324, No. 13 C 3418 (N.D. Ill. Feb. 2, 2018) Previous discussion.  The court reconsidered its summary judgment decisions on plaintiff’s motion for reconsideration, but left the false advertising … Continue reading

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Equinox in equipoise: no preliminary injunction for hotel mgmt co against fitness co’s expansion to hotels

Equinox Hotel Management, Inc. v. Equinox Holdings, Inc., No. 17-cv-06393, 2018 WL 659105 (N.D. Cal. Feb. 1, 2018) Equinox Hotel, a “San Francisco-based hospitality company specializing in developing, operating, and revitalizing hotel properties,” provides hotel management services as well as … Continue reading

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Claims to “introduce” product to US not untrue just because of prior minimal sales

LuxSoma LLC v. Leg Resource, Inc., 2018 WL 583119, No. 15 Civ. 4838 (S.D.N.Y. Jan. 25, 2018) LuxSoma sued defendant ORI for breach of an implied contract that allegedly granted it exclusive rights to distribute ORI legwear in the US, … Continue reading

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Allegedly false statements on package/instructions didn’t plausibly harm competitors, court rules

Telebrands Corp. v. Everstar Merchandise Co., No. 17-2878, 2018 WL 585765 (D.N.J. Jan. 29, 2018) (magistrate judge) Telebrands sells novelty stuff; Everstar, a competitor, allegedly copied its stuff in unlawful ways.  Relevant to this blog, Telebrands alleged that Everstar engaged … Continue reading

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