Monthly Archives: October 2018

We Buy Houses registration defeats fee award despite its genericity

Express Homebuyers USA, LLC v. WBH Marketing, Inc., No. 17-cv-00736, 2018 WL 5303327 (E.D. Va. Oct. 25, 2018) Disappointingly, the court here treats assertion of registered trademarks as what seems like a complete defense to arguments that defendant should receive … Continue reading

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Cents and sensibility: NY Ct of Appeals weighs in on credit surcharge law

Expressions Hair Design v. Schneiderman, — N.E.3d —-, 2018 N.Y. Slip Op. 07037, 2018 WL 5258853 (Oct. 23, 2018) GBL section 518 states: “No seller in any sales transaction may impose a surcharge on a holder who elects to use … Continue reading

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Some Lanham Act/UCL claims against TM filing entities can proceed despite potential difficulties of proof

LegalForce RAPC Worldwide P.C. v. Swyers, No. 17-cv-07318-MMC, 2018 WL 4961660 (N.D. Cal. Oct. 12, 2018) RAPC alleges that Swyers, an attorney, owns TTC and Trademark LLC, which provide “trademark related services,” and also owns Trademark PLLC, a law firm … Continue reading

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FDCA doesn’t preempt false advertising suit based on claims about protein source

Durnford v. MusclePharm Corp., — F.3d —-, 2018 WL 4938190, No. 16-15374 (9th Cir. Oct. 12, 2018) Durnford brought the usual California consumer claims against MusclePharm for making false or misleading statements about the protein in one of its supplements. … Continue reading

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RipoffReport review isn’t “advertising or promotion,” without more evidence of reception

Wilson v. AdvisorLaw LLC, No. 17-cv-1525-MSK, 2018 WL 4932088 (D. Colo. Oct. 11, 2018) Wilson and defendant Kennedy allegedly did business through corporate entities, Wilson Law Ltd. and AdvisorLaw LLC, respectively. The relationship ended badly, with Kennedy accusing Wilson, via … Continue reading

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Former supplier can sue supplement maker for falsely implying FDA approval & making claims based on old ingredients

In re Elysium Health-Chromadex Litig., 2018 WL 4907590, No. 17 Civ. 7394 (CM) (S.D.N.Y. Sept. 27, 2018)    Elysium, which makes dietary supplements, sued Chromadex, a former supplier, for false advertising under the Lanham Act, trade libel, deceptive business practices … Continue reading

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Court presumes failure to comply w/FDA labeling rules to be misleading

Campbell v. Freshbev LLC, 322 F.Supp.3d 330 (E.D.N.Y. 2018) Campbell bought several bottles of Freshbev juices at Whole Foods, allegedly relying on misrepresentations (1) that the juices were unpasteurized; (2) that the juices were cold-pressed; (3) that the juices were … Continue reading

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