Monthly Archives: March 2019

claim to cure addiction can be false advertising, as can hidden bias

Grasshopper House, LLC v. Clean and Sober Media LLC, 2018 WL 6133710, No. 18-cv-00923-SVW-RAO (C.D. Cal. Oct. 18, 2018) This is a dispute about addiction treatment. Counterclaim plaintiff Cliffside alleged that counterdefendant Passages violated the Lanham Act (1) by maintaining … Continue reading

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Amazon case shows profound difference between DMCA safe harbor & 230 immunity

Kangaroo Mfg. Inc. v. Amazon.com Inc., No. CV-17-01806-PHX-SPL, 2019 WL 1280945 (D. Ariz. Mar. 20, 2019) The Amazon Chronicles often asks “what is Amazon?”  An interesting question to build a law school course around might be “what can Amazon do?”  … Continue reading

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failure to show damages from literal falsity still allowed injunctive relief

Nutrition Distribution LLC v. IronMag Labs, LLC, No. CV 15-8233-R, 2018 WL 6264986 (C.D. Cal. Nov. 16, 2018( “This is a false advertising case between two competitors in the business of selling fitness supplements.” IronMag allegedly unlawfully marketed its products … Continue reading

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survey isn’t evidence of actual deception, court says in First Amendment case w/TM relevance

Express Oil Change, L.L.C v. Mississippi Board of Licensure for Professional Engineers & Surveyors, No. 18-60144 (5th Cir. Feb. 19, 2019) Just as a matter of client advocacy, it is time for these First Amendment cases about the government’s near-inability … Continue reading

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Star Trekkin’ across the universe of fair use

I like Star Trek better than Dr. Seuss, ok? Dr. Seuss Enters., L.P. v. ComicMix LLC, No. 16-CV-2779 JLS (BGS) (S.D. Cal. Mar. 12, 2019) DSE owns the copyrights to the works of Theodor S. Geisel, better known as Dr. … Continue reading

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court, while uncomfy with some Amazon techniques, declines to grant PI

Comphy Co. v. Amazon.com, Inc., NO. C18-1460RSM (W.D. Wash. Mar. 12, 2019) The Comphy Company markets itself as a luxury company, historically supplying its linens to luxury spas. Ultimately, Plaintiff decided to start retailing its products online through its own … Continue reading

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Apple’s misleading use of “episode” to describe promo clips could lead to liability (w/o its contract)

Zaragoza v. Apple Inc., 2019 WL 1171161, No. 18-cv-06139-PJH (N.D. Cal. Mar. 13, 2019) Plaintiffs sued Apple for how it sells TV seasons on its iTunes store. The home page for each season “provides general information about the season and … Continue reading

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