Monthly Archives: September 2020

sunglasses reseller liable for (c) infringement, maybe TM/false advertising/tortious interference

Maui Jim, Inc. v. SmartBuy Guru Enters., No. 1:16 CV 9788, — F.Supp.3d —-, 2020 WL 4435320 (N.D. Ill. Feb. 24, 2020) Maui Jim alleged that the defendants sold non-genuine Maui-Jim-branded sunglasses while using its copyrighted photographs to falsely advertise … Continue reading

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“made with aged vanilla” can be misleading even if not the main ingredient

Sharpe v. A&W Concentrate Co., — F.Supp.3d —-, 2020 WL 4931045, No. 19-cv-768 (BMC) (E.D.N.Y. Aug. 24, 2020) Plaintiffs alleged that defendants violated NY GBL §349 by misleadingly labeling their root beer and cream soda beverages as “MADE WITH AGED … Continue reading

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Keratindose hair products may be misleading about keratin content even without a survey

Price v. L’Oréal USA, Inc., 2020 WL 4937464, No. 17 Civ. 614 (LGS) (S.D.N.Y. Aug. 24, 2020) Plaintiffs brought California and New York claims against L’Oréal based on its Matrix Biolage Advanced (MBA) haircare product. This includes the Keratindose system … Continue reading

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advertising/marketing law job: Advertising & E-Commerce Law Attorney (4+ yrs)

From Gordon Rees Scully Mansukhani. Ideally in DC/Northern Virginia area. See more here. from Blogger https://ift.tt/3inyU2Q

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“wasabi peas” can be made with horseradish without injuring consumers given widespread use

Yothers v. JFC Int’l, Inc., No. 20-cv-01657-RS, 2020 WL 5015262 (N.D. Cal. May 14, 2020) Defendants sell “wasabi peas,” which, “allegedly like 95–99% of ‘wasabi’ products sold in North America, contains not Wasabia japonica but Amoracia rusticana, more commonly known … Continue reading

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seller’s private definition of “Made in USA” fails; disgorgement appropriate

Newborn Bros. Co. v. Albion Engineering Co., 2020 WL 5015571, No. 12-2999 (NLH/KMW) After a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA” (a bit ironic given the name, … Continue reading

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Dastar no bar to claims that using images of P’s product is deceptive where D’s product differs

Primesource Building Products, Inc. v. Lee Gp. Int’l, Inc., No. 3:19-CV-02878-X, 2020 WL 5038176 (N.D. Tex. Aug. 25, 2020) PrimeSource alleged that Lee Group wrongly used images and product descriptions of PrimeSource’s concrete curing blanket to sell its own competing … Continue reading

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social media posts using models’ images could be false advertising etc.

Two cases in this burgeoning genre, with different results on conversion claims but otherwise similarly highly favorable for the plaintiffs, including on statute of limitations/single publication rulings. Moreland v. Beso Lounge & Restaurant LLC, 2020 WL 5302312, No. 19-cv-00958 (VLB) … Continue reading

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I can’t believe it’s not (vegan) butter: First Amendment invalidates standard of identity for butter as applied to vegan product

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 21, 2020) Eric Goldman’s far more anti-regulatory take is here. The California Department of Food and Agriculture told Miyoko’s not to call its “vegan butter” product “butter” (it challenged certain other … Continue reading

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T-shirts as noncommercial speech (and an issue-spotter fact pattern)

Cornette v. Graver, 2020 WL 4059589, No. 19-cv-219 (W.D. Pa. Jul. 20, 2020) Cornette is a professional wrestling commentator and “personality” who sued defendants for infringing his trademark rights and right of publicity by selling disparaging t-shirts bearing his name … Continue reading

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