Monthly Archives: August 2019

benefit of the bargain damages can be measured by cost of repair in car class action

Posted on August 29, 2019 by rtushnet

Nguyen v. Nissan North America, Inc., 932 F.3d 811 (9th Cir. 2019) Nguyen bought a new 2012 Nissan 370Z with an allegedly potentially catastrophic design defect hidden in the vehicle’s hydraulic clutch system. “After the clutch purportedly malfunctioned—and Plaintiff spent … Continue reading →

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When is a sale worth $100,000? court is generous to real estate brokerage ad

Posted on August 28, 2019 by rtushnet

At World Properties, LLC v. Baird & Warner Real Estate, Inc., 2019 WL 4034636, No. 18-cv-01973 (N.D. Ill. Aug. 27, 2019) B&W and plaintiff @properties are real estate brokerage companies serving Chicago and the surrounding area. B&W advertised its accomplishments … Continue reading →

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district court ignores Empire, decides that Rogers doesn’t cover nonfiction

Posted on August 28, 2019 by rtushnet

IOW, LLC v. Breus, No. CV18-1649-PHX-DGC, 2019 WL 4010737 (D. Ariz. Aug. 26, 2019) Every time I think I’ve seen it all …. Here, the court decides that Rogers doesn’t apply if the challenged book title isn’t itself “expressive,” which … Continue reading →

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failure to disclose vaping’s extra risks over smoking could be deceptive; no arbitration for Juul

Posted on August 28, 2019 by rtushnet

Colgate v. Juul Labs, Inc., 2019 WL 3997459, No. 18-cv-02499-WHO (N.D. Cal. Aug. 23, 2019) Juul makes e-cigarettes and nicotine cartridges/pods. “Plaintiffs seek to represent a nationwide class and numerous subclasses in claims for false advertising, fraud, unjust enrichment, several … Continue reading →

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Dastar bars Lanham Act claims against unauthorized copying of photo for album cover

Posted on August 27, 2019 by rtushnet

Patterson v. Diggs, No. 18-CV-03142 (NSR), 2019 WL 3996493 (S.D.N.Y. Aug. 23, 2019) Patterson is “an internationally known photographer” who took photos of “a nickel-silver casing created by nonparty Moroccan company Yahya Creation” without a written contract and without being … Continue reading →

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conventional pharmacy achieves limited relief against marijuana dispensary

Posted on August 27, 2019 by rtushnet

White Hall Pharmacy LLC v. Doctor’s Orders RX Inc, No. 19-cv-00366-KGB, 2019 WL 3939357 (E.D. Ark. Aug. 20, 2019) In this cannabis case, the court granted a preliminary injunction against a dispensary.  White Hall operates two pharmacies under the trade … Continue reading →

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Rogers question of the day, Grand Theft edition

Posted on August 27, 2019 by rtushnet

Is an escape room sufficiently like a video game that we would expect a finding of explicit misleadingness (assuming that an escape room is an expressive enough experience, like a play in which the audience is invited to participate, for … Continue reading →

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first sale doesn’t cover hardware w/embedded licensed software, but maybe Cisco misrepresented whether a license existed

Posted on August 26, 2019 by rtushnet

Cisco Systems, Inc. v. Beccela’s Etc., LLC, 2019 WL 3944986, No. 18-cv-00477-BLF (N.D. Cal. Aug. 21, 2019) Cisco offers various supports for its networking products, including a warranty program (from 90 days to lifetime) and a “more comprehensive suite of … Continue reading →

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proof of lost market share needs something extra to be irreparable harm

Posted on August 26, 2019 by rtushnet

BioTE Medical, LLC v. Jacobsen, 2019 WL 3943166, No. 18-cv-866 (E.D. Tex. Aug. 21, 2019) “BioTE provides hormone replacement therapy … through a method called Pellet Therapy,” using an allegedly custom and proprietary formula using “bio-identical and natural ingredients that … Continue reading →

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District court makes up a new, worse test for TM claims against noncommercial speech

Posted on August 26, 2019 by rtushnet

Stouffer v. Nat’l Geographic Partners, LLC, 2019 WL 3935180, No. 18-cv-3127-WJM-SKC (D. Colo. Aug. 20, 2019) Stouffer, who (with his coplaintiff production company and his brother, who is not a plaintiff) produced the Wild America nature documentary series, sued National … Continue reading →

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