Monthly Archives: March 2019

consumer successfully pleads falsity for “weight management” supplement

Posted on March 19, 2019 by rtushnet

Nathan v. Vitamin Shoppe, Inc., 2019 WL 1200554, No. 17-cv-01590-BEN-KSC (S.D. Cal. Mar. 12, 2019) Vitamin Shoppe sells Garcinia Cambogia Extract with a label promising “Weight Management” and “Appetite Control.” Nathan alleged that this was false and misleading, since GCE … Continue reading →

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mere market participation insufficient to allege standing in noncomparative advertising case

Posted on March 19, 2019 by rtushnet

AAVN, Inc. v. Westpoint Home, Inc., 2019 WL 1168102, No. 17-CV-8329 (N.D. Ill. Mar. 13, 2019) AAVN sells woven textile fabrics, including fabrics made from a cotton-polyester blend. AAVN’s president owns patents that teach a method of manufacturing a cotton-polyester … Continue reading →

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misrepresentation that OSHA rules required certain tools was literally false

Posted on March 19, 2019 by rtushnet

Louisiana-Pacific Corp. v. James Hardie Building Products Inc., 2018 WL 7272047, No. 18-cv-00447-JPM (M.D. Tenn. Dec. 20, 2018) “This is an unfair trade practices action between two fierce competitors in the residential and multi-family home siding market.” Defendant JH is … Continue reading →

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can a retailer be directly liable for false advertising on packages?

Posted on March 18, 2019 by rtushnet

two cases (out of several involving this plaintiff) Outlaw Laboratory, LP v. Shenoor Enterprise, Inc., 2019 WL 1040644, No. 18-CV-2299-B (N.D. Tex. Mar. 4, 2019) Outlaw, which makes male dietary supplements, sued convenience stores because they “advertise and offer for … Continue reading →

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unauthorized use of model’s photo for strip club wasn’t false advertising or endorsement

Posted on March 18, 2019 by rtushnet

Edmondson v. 2001 Live, Inc., 2019 WL 670201, No. 16-cv-03243-T-17AEP (M.D. Fla. Jan. 15, 2019) Edmondson, a model and public figure, sued for the alleged commercial misappropriation of her image used on 2001 Live’s social media account promoting its “gentleman’s” … Continue reading →

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occasional door-to-door false claims covered by state, but not federal, false advertising law

Posted on March 18, 2019 by rtushnet

Vivint, Inc. v. Northstar Alarm Services, LLC, a Utah limited liability company, 2019 WL 1098986, No. 16-cv-00106-JNP-EJF (D. Utah Mar. 8, 2019) The parties compete in the market for electronic home automation and security systems. They market themselves in various … Continue reading →

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occasional door-to-door false claims covered by state, but not federal, false advertising law

Posted on March 18, 2019 by rtushnet

Vivint, Inc. v. Northstar Alarm Services, LLC, a Utah limited liability company, 2019 WL 1098986, No. 16-cv-00106-JNP-EJF (D. Utah Mar. 8, 2019) The parties compete in the market for electronic home automation and security systems. They market themselves in various … Continue reading →

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Compounder’s claims of FDA approval/legality were literally false and material

Posted on March 18, 2019 by rtushnet

Allergan USA, Inc. v. Prescribers Choice, Inc., No. 17-cv-01550-DOC-JDE, 2019 WL 650424 (C.D. Cal. Jan. 11, 2019) Allergan “markets a portfolio of leading medical brands and products.” Prescriber’s Choice and Sincerus have common ownership and work together: “Sincerus produces drugs; … Continue reading →

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supplement guide isn’t “advertising or promotion” under the Lanham Act, even w/undisclosed affiliation

Posted on March 15, 2019 by rtushnet

Ariix, LLC v. NutriSearch Corp., 2019 WL 1040135, No. 17CV320-LAB (BGS) (S.D. Cal. Mar. 5, 2019) Previous iteration discussed here. Arrix competes fiercely with Usana in the nutritional supplement market.  NutriSearch publishes the NutriSearch Comparative Guide to Nutritional Supplements, a … Continue reading →

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plaintiff suing for noncomparative false advertising fails to establish irreparable harm

Posted on March 15, 2019 by rtushnet

True Organic Products, Inc. v. California Organic Fertilizers, Inc., 2019 WL 1023888, No. 18-CV-1278 AWI EG (E.D. Cal. Mar. 4, 2019) If trademark owners have cause to bemoan eBay’s application to Lanham Act claims, false advertising plaintiffs have even more, … Continue reading →

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