Monthly Archives: April 2019

alcohol beverage maker has standing b/c D’s non-alcoholic label plausibly attracts alcohol drinkers too

Posted on April 30, 2019 by rtushnet

Tortilla Factory, LLC v. Makana Beverages, Inc., No. CV 18-2981-MWF (PLAx), 2018 WL 8130609 (C.D. Cal. Nov. 14, 2018) Tortilla Factory makes kombucha beverages under the brand name “Kombucha Dog.” Makana also makes kombucha drinks. Kombucha is “a fermented beverage … Continue reading →

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antitrust/false advertising claims against Keurig’s K-Cup conduct survive

Posted on April 30, 2019 by rtushnet

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., 2019 WL 1789789, No. 14-MD-2542 (VSB) (S.D.N.Y. Apr. 22, 2019) Big antitrust litigation in which many claims survive; I’m only discussing the false advertising-relevant bits, but the basic antitrust claims under … Continue reading →

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Instagram hashtags aren’t nominative fair use because they’re visible to consumers

Posted on April 30, 2019 by rtushnet

Align Technol., Inc. v. Strauss Diamond Instruments, Inc., 2019 WL 1586776, No. 18-cv-06663-TSH (N.D. Cal. Apr. 12, 2019) Nominative fair use purports to be a test, but cases like this make me want to say that it’s a fairness judgment.  … Continue reading →

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competitor has standing to challenge use of certification mark

Posted on April 30, 2019 by rtushnet

Savvy Rest, Inc. v. Sleeping Organic, LLC, 2019 WL 1607585, No. 18CV00030 W.D. Va. Apr. 15, 2019) The parties compete in the market for mattresses and other bedding products. Savvy Rest alleged that Sleeping Organic violated the Lanham Act by … Continue reading →

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“prevailing price” regs not unduly vague, but commercial speech doctrine may still defeat them

Posted on April 29, 2019 by rtushnet

People v. Superior Court, — Cal.Rptr.3d —-, 2019 WL 1615288, No. B292416 (Ct. App. Apr. 16, 2019) The Los Angeles City Attorney asserted claims under California consumer protection law against the real parties in interest, including J.C. Penney, alleging that … Continue reading →

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class action settlement can’t surrender state agency/CFPB’s rights to recover

Posted on April 29, 2019 by rtushnet

Consumer Protection Division v. Linton, 2019 WL 1770524, No. 2609 (Md. Ct. Spec. App. Apr. 22, 2019) The court explains: The class action settlement at issue here involves vulnerable people who were poisoned by lead in their homes. Before they … Continue reading →

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CLRA redress offer requiring waiver of claims can’t defeat consumer’s right to sue

Posted on April 29, 2019 by rtushnet

Valdez v. Seidner-Miller, Inc., 33 Cal.App.5th 600 (2019) Valdez alleged that Seidner violated the CLRA, the UCL, and Civil Code section 16321 (requiring translation of certain contracts), and committed fraud in connection with Seidner’s lease of a vehicle to Valdez … Continue reading →

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Cable service provider engaged in reverse passing off of DirecTV signal (and other bad acts)

Posted on April 29, 2019 by rtushnet

Northeast Cable Televis., LLC v. DirecTV, LLC, 2019 WL 1767066, No. 18CV2559 (N.D. Ohio Apr. 22, 2019) DirecTV’s satellite television service provides hundreds of channels. For certain kinds of multiple-unit properties (usually a hotel or motel, hospital, college dormitory, or … Continue reading →

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Allegations of patent infringement could be defamatory but not false advertising

Posted on April 26, 2019 by rtushnet

GeigTech East Bay LLC v. Lutron Electron. Co., 2019 WL 1768965, No. 18 Civ. 5290 (CM) (S.D.N.Y. Apr. 4, 2019) “What started as a garden-variety intellectual property dispute has morphed into something less conventional.” GeigTech initially sued Lutron, alleging that … Continue reading →

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advertisers’ claim against Google for insufficient credits for bad clicks continues

Posted on April 26, 2019 by rtushnet

Adtrader, Inc. v. Google LLC, 2019 WL 1767206, No. 17-cv-07082-BLF (N.D. Cal. Apr. 22, 2019) Advertisers buy ad space on Google’s AdX, while website publishers (or network partner managers (NPMs) who act for them) use AdX to sell ad space … Continue reading →

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