Monthly Archives: August 2019

self-granted star ratings were textbook puffery where claimed features were general

Knowles v. Arris International PLC, No. 17-CV-01834-LHK, 2019 WL 3934781 (N.D. Cal. Aug. 20, 2019) Plaintiffs brought a class action based on Arris’s alleged failure to disclose defects with its SB6190 cable modem. After the court certified a California class, … Continue reading

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timeshare company adequately pleads case against timeshare exit promoter

Wyndham Vacation Ownership v. Reed Hein & Assoc., LLC, No. 18-cv-02171-GAP-DCI, 2019 WL 3934468 (M.D. Fla. Aug. 20, 2019) This is another lawsuit over timeshare exit companies’ allegedly false advertising of the ease of exiting a timeshare. Defendant TET allegedly … Continue reading

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failure to disprove other possible sources of sales defeats irreparable harm in false ad/patent case

Citrix Systems, Inc. v. Workspot, Inc., 2019 WL 3858602, No. 18-588-LPS (D. Del. Aug. 16, 2019) Citrix sued Workspot for patent infringement as well as false advertising/unfair competition under the Lanham Act, the Delaware Deceptive Trade Practices Act, and common … Continue reading

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Weight Watchers competitor wins dismissal of TM claims over “millennials are calling [it] Weight Watchers 2.0” ad

Weight Watchers Int’l, Inc. v. Noom, Inc., 2019 WL 3890139, No. 18-cv-9637 (PKC) (S.D.N.Y. Aug. 19, 2019) Noom markets “weight-loss services based on nutrition and lifestyle advice dispensed through a mobile app.” It ran some ads that mentioned Weight Watchers. … Continue reading

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Supplement ingredient supplier lacks Article III standing against supplement seller

ThermoLife International LLC v. American Fitness Wholesalers LLC, 2019 WL 3840988, No. CV-18-04189-PHX-JAT (D. Ariz. Aug. 15, 2019) Courts really, really like to call the Lexmark issue “standing.” Here, though, the court goes further by finding the noncompetitor plaintiff—who makes … Continue reading

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Reading list: Julie Cohen on internet exceptionalism’s failures

Julie E. Cohen, Internet Utopianism and the Practical Inevitability of Law, 18 Duke L. & Tech. Rev. 85 (2019) From the Introduction: Writing at the dawn of the digital era, John Perry Barlow proclaimed cyberspace to be a new domain … Continue reading

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Rogers question: could this art be explicitly misleading?

One reason that Gordon v. Drape Creative is so concerning is that it reads “explicit” to be something other than explicit–maybe a version of falsity by necessary implication, but one that wants to pose transformativeness as the thing that avoids explicit … Continue reading

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fake online review by competitor wasn’t advertising/promotion, 10th Circuit says

Wilson v. AdvisorLaw LLC, — Fed.Appx. —-, 2019 WL 3819604, No. 18-1441 (10th Cir. Aug. 15, 2019) Wilson, a lawyer, had a relationship with AdvisorLaw that ended badly in November 2016. Later that day, a “Patrick Erickson,” allegedly from New … Continue reading

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Reading list: once upon a time in student debt

Now that’s how to get people reading: Intergenerational Equity, Student Loan Debt, and Taxing Rich Dead People Victoria J. Haneman Creighton University – School of Law Once upon a time, there was a generation of indentured servants called Millennials. They … Continue reading

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a made-up credential implying a doctorate is inherently misleading

Wilson v. Ohio State Chiropractic Board, 2019 WL 3801546, No. 18AP-739, 2019 -Ohio- 3243 (Ct. App. Aug. 13, 2019) The Board disciplined Wilson for deceptive advertising, and the court of appeals upheld the discipline.  Two bits of interest: (1) Wilson … Continue reading

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