Monthly Archives: September 2021

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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ordinary recalls aren’t commercial advertising or promotion

Pictsweet Co. v. R.D. Offutt Farms Co., 2021 WL 4034222, No. 3:19-cv-00722 (M.D. Tenn. Sept. 3, 2021) Defendant RDO has a subsidiary, CRF, which was in the business of “producing, preparing, processing and selling frozen vegetables to frozen vegetable producers, … Continue reading

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Does the Lanham Act cover a campaign to get a particular job?

Healthcare Integrity, LLC v. Rehoboth McKinley Christian Health Care Servs., Inc., 2021 WL 4129248, Civ. No. 20-750 KG/LF (D.N.M. Sept. 9, 2021) Plaintiffs, a healthcare management company and its individual owner  alleged that a group of medical providers at RMCHCS … Continue reading

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“recyclable” could be deceptive where local recycling isn’t widespread

Downing v. Keurig Green Mountain, Inc., 2021 WL 2403811, No. 1:20-cv-11673-IT (D. Mass. Jun. 11, 2021) Keurig allegedly deceptively advertised its plastic single-serving pods as recyclable when those pods were not recyclable according to federal regulations. Keurig allegedly released pods … Continue reading

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Lost profits aren’t restitution for California UCL purposes

Lee v. Luxottica Retail North America, Inc., — Cal.Rptr.3d —-, 2021 WL 2451109, A157657 (Ct. App. Jun. 16, 2021) Lee, on behalf of a putative class of California optometrists with independent optometry practices, brought suit against a competing chain of … Continue reading

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handful of bad Amazon reviews make Energizer’s false advertising claims plausible

Energizer, LLC v. MTA Trading, Inc., 2021 WL 2453394, No. 20-CV-1583 (MKB) (E.D.N.Y. Jun. 16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by … Continue reading

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