Monthly Archives: November 2020

advertiser can amend complaint against Facebook for click fraud claims

Posted on November 12, 2020 by rtushnet

DotStrategy Co. v. Facebook Inc., No. C 20-00170 WHA, 2020 WL 6591366 (N.D. Cal. Nov. 11, 2020) The court grants plaintiff’s motion for leave to amend its complaint in this putative class action alleging that FB’s statements about advertising on … Continue reading →

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timeshare exit lawyer wins a round: no harm causation shown

Posted on November 12, 2020 by rtushnet

Club Exploria, LLC v. Aaronson, Austin, P.A., No. 18-cv-576-Orl-28DCI, 2020 WL 6585802 (M.D. Fla. Nov. 10, 2020) Another timeshare v. timeshare exit lawyer case that goes much better for the defendant than some others. Briefly, the plaintiff seems to have … Continue reading →

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Peloton’s music troubles give it consumer protection troubles over “ever-growing library” claim

Posted on November 12, 2020 by rtushnet

Fishon v. Peloton Interactive, Inc., 2020 WL 6564755, No. 19-cv-11711 (LJL) (S.D.N.Y. Nov. 9, 2020) Peloton streams live and on-demand fitness classes requiring a monthly subscription fee. Certain Peloton ads described the library of fitness classes as “ever-growing.” But in … Continue reading →

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misbehavior in Amazon reviews + false ingredient claims = $9.5 million award

Posted on November 12, 2020 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc. 2020 WL 6581050, No. 13-cv-00982-DAK (D. Utah Nov. 10, 2020) This is a long-running supplement false advertising case involving both ingredient and “review” claims; here the district court resolves a number of issues, finding … Continue reading →

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Amicus brief in Stouffer v. Nat’l Geographic (a title v title infringement case)

Posted on November 10, 2020 by rtushnet

With Mark Lemley, Mark McKenna, and a number of other IP professors, I submitted this amicus brief arguing that the 10th Circuit should adopt Rogers v. Grimaldi (without any exclusion for title v title claims) for assessing trademark claims against … Continue reading →

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230 defense fails where speaker’s ownership/control of D is sufficiently alleged

Posted on November 4, 2020 by rtushnet

Tang v. Guo, 2020 WL 6414371, No. 17 Civ. 9031 (JFK) (S.D.N.Y. Nov. 2, 2020) Further on this case about a dispute between a political activist and a rival. Plaintiffs sued defendants including Guo a/k/a Kwok and four entities that … Continue reading →

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press release in supplement battle could be false advertising

Posted on November 4, 2020 by rtushnet

ThermoLife Int’l LLC v. NeoGenis Labs Inc., 2020 WL 6395442, No. CV-18-02980-PHX-DWL (D. Ariz. Nov. 2, 2020) Plaintiff/counterdefendant ThermoLife and defendant/counterplaintiff HumanN both hold patents related to the use of nitrate technology for supplements. ThermoLife alleged that HumanN engaged in … Continue reading →

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solar flareup: Panasonic and Tesla successor in interest in false advertising battle

Posted on November 3, 2020 by rtushnet

I know you want to read about a false advertising dispute that, for once, tries to work around the restrictions of trademark law and not the other way around! Kinect Solar, LLC v. Panasonic Corp., No. 1:20-CV-378-LY, 2020 WL 6385292 … Continue reading →

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