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Recent Posts
- Use of competitor’s photo in comparative ads caused no (c) damage, appeals court holds
- Hospital’s use of Meta’s Pixel, despite promise to keep data private, plausibly deceptive
- Good Meat is descriptive for sustainable meat-related services, plausibly deceptive for lab-grown meat
- Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action
- RAW power: over dissent, 9th Circuit orders trial on infringement, cancellation of TM applications
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Monthly Archives: September 2021
Made-in-USA claims over tea survive; “America’s Classic” could be falsifiable in context
Banks v. R.C. Bigelow, Inc., — F.Supp.3d —-, 2021 WL 1734779, No. 20-cv-6208 DDP (RAOx) (C.D. Cal. May 3, 2021) Plaintiffs sued over tea labeled “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED” and “AMERICA’S CLASSIC.” However, the tea leaves … Continue reading
Disparate impact isn’t “unfair” for consumer protection purposes, court indicates
Schulte v. Conopco, Inc., No. 20-2696 (8h Cir. May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? The court here implicitly says no, without ever confronting the question directly. … Continue reading
over dissent, 5th Circuit applies Lanham Act to political speech
Alliance for Good Government v. Coalition for Better Government, No. 20-30233 (5th Cir. May 19, 2021) I sometimes hold out the hope that courts will develop a general treatment of the First Amendment/Lanham Act interaction. This case suggests that that … Continue reading
competitor plausibly alleged injury by alleging consumers changed behavior upon discovering the truth
3B Medical, Inc. v. SoClean, Inc., — Fed.Appx. —-, 2021 WL 2025153, No. 20-3477-cv (2d Cir. May 21, 2021) The parties compete in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea … Continue reading
retail/outlet claims for Vineyard Vines scrape past motion to dismiss
Casio v. Vineyard Vines, LLC, 2021 WL 466039, 19-CV-5135 (JMA) (AYS) (E.D.N.Y. Feb. 9, 2021) Plaintiff alleged falsity in pricing/tags in defendant’s outlet stores. The products allegedly “purport to be identical” to those sold in the “retail” stores, “shar[ing] similar … Continue reading
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
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
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
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
Rebecca Tushnet 