Monthly Archives: March 2019

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

Posted on March 25, 2019 by rtushnet

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

Posted on March 22, 2019 by rtushnet

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

Posted on March 21, 2019 by rtushnet

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

Posted on March 21, 2019 by rtushnet

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

Posted on March 21, 2019 by rtushnet

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

Posted on March 20, 2019 by rtushnet

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)

Posted on March 20, 2019 by rtushnet

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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Lanham Act claim based on patent threats fails even with invalidation of the patent

Posted on March 20, 2019 by rtushnet

American Fireglass v. Moderustic, Inc., — F.Supp.3d —-, 2019 WL 1227963, No. 15-CV-2866 JLS (BGS) (S.D. Cal. Mar. 15, 2019) The parties compete in the market for pieces of broken tempered glass for use in fireplaces and fire pits (Moderustic … Continue reading →

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commercial speech requirement defeats Lanham Act claim against competing news channel

Posted on March 20, 2019 by rtushnet

Tang v. Guo, No. 17 Civ. 9031 (JFK), 2019 WL 1207859 (S.D.N.Y. Mar. 14, 2019) Plaintiff Tang is a political activist, author, and “one of the leading Chinese political dissidents.” He currently runs two pro-democracy nonprofit organizations and co-founded the … Continue reading →

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Expedia’s “sold out” labels and diversionary phone numbers for hotels lead to class certification

Posted on March 19, 2019 by rtushnet

Buckeye Tree Lodge & Sequoia Village Inn, LLC v. Expedia, Inc., No. 16-cv-04721-VC, 2019 WL 1170489 (N.D. Cal. Mar. 13, 2019) Really interesting false advertising class action, with a smaller-than-plaintiffs-wanted class of hotels certified against Expedia, which offers hotel bookings … Continue reading →

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