Monthly Archives: August 2021

Be kind, certify a class

In re KIND LLC “Healthy and All Natural” Litig., 2021 WL 1132147, Nos. 15md2645, 15mc2645 (S.D.N.Y. Mar. 24, 2021) Plaintiffs sought class certification of their false advertising claims based on the claims that KIND falsely advertised “All Natural / Non-GMO,” … Continue reading

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patent misrepresentations to prospective dealer could be false advertising under Dastar/Lexmark

Three very similar cases involving the same plaintiff. Roof Maxx Technol., LLC v. Holsinger, 2021 WL 3617153, No. 2:20-cv-03154 (S.D. Ohio Aug. 16, 2021) Roof Maxx distributes “a soy-based liquid product that is sprayed on asphalt shingle roofs to extend … Continue reading

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Even a default can’t make false claims made to Amazon violate the Lanham Act

Wilco Trading LLC v. Shabat, 2021 WL 1146634, No. 8:20-cv-579-TPB-JSS (M.D. Fla. Mar. 8, 2021) (R&R) Wilco is an online reseller, primarily on Amazon. It allegedly sold authentic beauty products made or branded by defendant EL Sales, which nonetheless filed … Continue reading

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claims that “infant” formula misleadingly implies special formulation survives

Youngblood v. CVS Pharmacy, 2020 WL 8991698, No. 20-cv-06251-MCS-MRW (C.D. Cal. Oct. 15, 2020) Youngblood bought an acetaminophen product for infants, believing based on its packaging that it was specifically formulated for infants and therefore different from CVS’s acetaminophen product … Continue reading

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43(a)(1)(A) claims are hard to win against a TM registrant

Zamfir v. CasperLabs, LLC, 2021 WL 1164985, No. 21cv474-GPC(AHG) (S.D. Cal. Mar. 26, 2021) Zamfir is a researcher in the field of cryptoeconomics and distributed systems; he and Vitalik Buterin are allegedly the two lead researchers of the proof-of-stake blockchain … Continue reading

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D’s own ads prove materiality of difference between Fraser and balsam firs

Evergreen East Cooperative v. Bottomley Evergreens & Farms, Inc., 2021 WL 1163799, No. 20-cv-184 (AJN) (S.D.N.Y. Mar. 26, 2021) “Christmas tree distributor Evergreen East Cooperative claims that its rival Bottomley Evergreens & Farms sold mislabeled trees through retail partners including … Continue reading

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TM question of the day: This Ain’t Goya spice blend

 This Ain’t Goya spice blend. Suppose the makers sought registration for this as a trademark for spice blends. Would prohibiting registration violate the First Amendment? from Blogger https://ift.tt/2XEU0Er

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Overreaching and delay lead to defeat of TM owner’s claims

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., 2021 WL 1176242, No. CIV. 11-5052-JLV (D.S.D. Mar. 29, 2021) This is part of a long-running trademark case, now over 10 years old. After a jury verdict for SMRI and … Continue reading

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industry group’s safety/risk/legality claims were plausibly false or misleading

Pharmacychecker.Com, LLC v. National Ass’n of Boards of Pharmacy, 2021 WL 1199363, — F. Supp. 3d –, No. 19-CV-7577 (KMK) (S.D.N.Y. Mar. 30, 2021) Plaintiff “offers an accreditation program for pharmacies and provides drug price comparison information.” Unlike its competitors, … Continue reading

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Vegan butter wins again

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 10, 2021) Preliminary injunction discussed here; now it’s summary judgment time. The state is allowed to regulate “hormone free” on Miyoko’s “vegan butter,” but Miyoko’s is allowed to use the words/phrases … Continue reading

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