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Monthly Archives: August 2020
9th Cir. revives suit against allegedly deceptive “prescription pet food” marketing
Moore v. Mars Petcare US, Inc., No. 18-15026, — F.3d —-, 2020 WL 4331765 (9th Cir. Jul. 28, 2020) Over a dissent, the court of appeals reversed the dismissal of plaintiffs’ claims based on allegedly deceptive marketing of “so-called prescription … Continue reading
Covid cure “church” can’t avoid false advertising investigation
Morningside Church, Inc. v. Rutledge, 2020 WL 4333539, — F.Supp.3d —-, No. 3:20-cv-05050-MDH (W.D. Mo. Jul. 7, 2020) “Plaintiffs are a not-for-profit corporation, which describes itself as a church, a for-profit corporation, wholly owned by the church, and an individual … Continue reading
White Kit Kats not misleading, court rules, despite consumer perception
Rivas v. Hershey Co., 2020 WL 4287272, 19-CV-3379(KAM)(SJB) (E.D.N.Y. Jul. 27, 2020) Another not-white chocolate case. The Kit Kat White is coated “in a white confection coating.” Plaintiff alleged that Hershey marketed it as an “alternative[ ]” to the dark … Continue reading
“all IP” puts C&D recipient on notice of TM (R), and a bit on the meaning of blue check marks
Commodores Entertainment Corp. v. McClary, Nos. 19-10791, 19-12819, — Fed.Appx. —-, 2020 WL 4218236 (11th Cir. Jul. 23, 2020) As quickly summarized by the court: The prolonged dispute concerns the ownership of the mark “The Commodores,” the name of a … Continue reading
safe harbors under consumer protection law are mostly limited to very specific approvals
Patane v. Nestlé Waters North America, Inc., No. 3:17-cv-01381 (JAM), 2020 WL 4677636, — F. Supp. 3d – (D. Conn. Aug. 12, 2020) This case offers a nice overview of the safe harbor provisions in several consumer protection laws. Short … Continue reading
fake not-really-third-party reviews can be commercial advertising or promotion
Sanho Corp. v. KaiJet Tech. Int’l Ltd., No. 1:18-cv-05385-SDG, 2020 WL 4346881 (N.D. Ga. Jul. 29, 2020) Sanho owns rights in a design patent that claims the ornamental design for a multi-function docking station colloquially known as the “HYPERDRIVE,” and … Continue reading
statements to 3 of 15 market participants weren’t “commercial advertising or promotion”
Globe Cotyarn Pvt. Ltd. v. Next Creations Holdings LLC, No. 18 Civ. 04208 (ER), 2020 WL 4586892 (S.D.N.Y. Aug. 10, 2020) Globe, a fabric manufacturer, sued a fabric patent holder, AAVN, and its subsidiary, Next Creations, for allegedly falsely telling … Continue reading
properly labeled keyword advertising isn’t confusing, court rules
Sen v. Amazon.com, Inc., No. 16cv1486-JAH (JLB), 2020 WL 4582678 (S.D. Cal. Aug. 10, 2020) Keyword advertising with proper labeling doesn’t infringe trademarks, dooming this lawsuit even if a prior agreement hadn’t applied. Of note: from the court’s description, it … Continue reading
Lack of competitive injury dooms false advertising claim against unauthorized image use by strip club
Geiger v. Creative Impact Inc., No. CV-18-01443-PHX-JAT, 2020 WL 4583625 (D. Ariz. Aug. 10, 2020) The court rejects a motion to reconsider its ruling rejecting Lanham Act false advertising claims based the unauthorized use of plaintiffs’ images by a strip … Continue reading
