Monthly Archives: September 2021

adjectival order matters (some) in finding literal falsity

Suzie’s Brewery Company v. Anheuser-Busch Companies, LLC, — F.Supp.3d —-2021 WL 472915, No. 3:21-cv-178-SI (D. Ore. Feb. 9, 2021) Alleged ambiguity didn’t save AB from this false advertising claim. AB makes Michelob ULTRA Hard Seltzer, which has earned USDA organic … Continue reading

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Netflix prevails over claims by lawyers that they were misportrayed in money laundering film

Mossack Fonseca & Co., S.A. v. Netflix Inc., 2020 WL 8509658, No. CV 19-9330-CBM-AS(x) (C.D. Cal. Dec. 23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” (It’s about money … Continue reading

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4th Circuit continues its Lanham Act frolic, notes overbreadth of expansive injunctive relief

De Simone v. Alfasigma USA, Inc., No. 19-1731, 847 Fed.Appx. 174 (4th Cir. Feb. 17, 2021) Depressingly doubling down on its bizarre interpretation of the Lanham Act first created by misinterpreting California’s UCL, the Fourth Circuit nonetheless mitigates some of … Continue reading

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even admissions and severe financial distress don’t justify TRO/asset freeze in false advertising case

SI03, Inc. v. Musclegen Research, Inc., 2021 WL 765293, No. 1:16-CV-274 RLW (E.D. Mo. Feb. 26, 2021) The parties compete to sell protein powder to consumers. SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03 … Continue reading

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Contract remedies again prove broader than false advertising for pandemic-related suits

In re Columbia Tuition Refund Action, No. 20-CV-3208 (JMF) & 20-CV-3210 (JMF), — F.Supp.3d —-, 2021 WL 790638 (S.D.N.Y. Feb. 26, 2021) These are two putative class actions against Columbia and Pace based on allegedly broken promises due to the … Continue reading

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No PI where individual defendant has left allegedly trademark-infringing role

Nigerians in Diaspora Organization Americas v. Key, 2021 WL 811094, No. 19-3015 (RDM) (D.D.C. Mar. 3, 2021) “NIDOA is a continental nonprofit organization that advocates for the interests of Nigerians in the Western Hemisphere.”  It alleged that, under the continental … Continue reading

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continued desire to purchase TVs suffices for California standing

Julian v. TTE Technol., Inc., 2021 WL 810228, No. 20-cv-02857-EMC (N.D. Cal. Mar. 3, 2021) Plaintiffs alleged false advertising of TTE’s TVs in violation of California and New Jersey law; the court granted the motion to dismiss but allowed leave … Continue reading

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divided NY court finds incomplete legal compilation wouldn’t mislead reasonable consumers

Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 2021 NY Slip Op 03485, — N.E.3d —-  37 N.Y.3d 169 (Jun. 3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that … Continue reading

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competitor’s copying of photos doesn’t inherently inflict competitive harm

McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. Ohio Jun. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” … Continue reading

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natural decay of nicotine complicates evaluation of literal falsity of nicotine content claims

Bidi Vapor, LLC v. Vaperz LLC, 2021 WL 2433642, No. 21 C 1430 (N.D. Ill. Jun. 15, 2021) “The novel question of how the electronic cigarette industry should approach labeling nicotine content in the face of nicotine degradation is both … Continue reading

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