Monthly Archives: March 2023

Jack Daniels reply brief: the horror!

Posted on March 14, 2023 by rtushnet

Is in. Obviously there are many things to say about it, but I suppose the easiest is that the parade of horribles sounds kind of just like a parade (albeit perhaps a Halloween one): VIP’s logic would extend to vases … Continue reading →

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“fit” on snack bars isn’t implied nutrient or “healthy” claim

Posted on March 13, 2023 by rtushnet

Seljak v. Pervine Foods, LLC, 2023 WL 2354976, No. 21 Civ. 9561 (NRB) (S.D.N.Y. Mar. 3, 2023) Plaintiffs sought to represent a class of purchasers of FITCRUNCH Whey Protein Baked Bar products or FITBAR energy bar products. They contain high … Continue reading →

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Failure to include adjusted protein percentage on protein-touting products can be misleading

Posted on March 13, 2023 by rtushnet

Rausch v. Flatout, Inc., — F.Supp.3d —-, 2023 WL 2401452, No. 22-cv-04157-VC (N.D. Cal. Mar. 8, 2023) I love a good summary: When a manufacturer advertises the amount of protein in a product on its package, the Food and Drug … Continue reading →

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Vanilla class action certified based on sufficient survey evidence

Posted on March 13, 2023 by rtushnet

Vizcarra v. Unilever U.S., Inc., 2023 WL 2364736, No. 4:20-cv-02777 YGR (N.D. Cal. Feb. 24, 2023) Hey, it’s a certified class in a vanilla case: Vizcarra alleged that Breyers Natural Vanilla Ice Cream misleadingly communicated that it contained vanilla flavor … Continue reading →

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FTC wins summary judgment for violations of shipping Rule and Covid Consumer Protection Act

Posted on March 13, 2023 by rtushnet

F.T.C. v. Romero, 2023 WL 2445339, No. 5:21-cv-343-BJD-PRL (M.D. Fla. Feb. 27, 2023) The FTC still has some tools in its arsenal. Here, violations of the Trade Regulation Rule Concerning the Sale of Mail, Internet, or Telephone Order Merchandise (MITOR) … Continue reading →

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“TM-compliant” ads not shown to be nominative fair use

Posted on March 10, 2023 by rtushnet

World Axe Throwing League, Inc. v. Cold Steel Inc., 2023 WL 2372059, No. 2:20−cv−11407 JAK (Ex) (C.D. Cal. Feb. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing … Continue reading →

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Drop-shipper’s “in stock” and “trust us over others” claims not shown to be deceptive

Posted on March 10, 2023 by rtushnet

Krikor v. Sports Mall, LLC, 2023 WL 2372068, No. CV 22-5600-DMG (MRWx) (C.D. Cal. Jan. 24, 2023) Previous decision here—really interesting attack on internet arbitrage; defendant copied Krikor’s eBay memorabilia photos and listed the memorabilia on its own site with … Continue reading →

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UCL claim could be based on lost opportunity to register trademark

Posted on March 10, 2023 by rtushnet

Zamfir v. CasperLabs, LLC, 2023 WL 2415262, No. 21-CV-474 TWR (AHG) (S.D. Cal. Mar. 8, 2023) Previous ruling. Zamfir, a blockchain researcher, alleged that he was known for his proof-of-stake (PoS) protocol; he adopted the name “Casper” for the research … Continue reading →

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Reminder: teaching first-generation students, free HLS webinar at 12 noon EST

Posted on March 10, 2023 by rtushnet

Teaching First-Generation Law Students https://ift.tt/g3lKCtU First-generation students face unique challenges. Anthony Abraham Jack’s The Privileged Poor recently highlighted many of the invisible-to-professors barriers such students, especially first-generation students of color, face in college. What about when those students go to … Continue reading →

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“maximum strength” OTC claim plausibly misleading where prescription strength was stronger

Posted on March 6, 2023 by rtushnet

Acosta-Aguayo v. Walgreen Co., No. 22-cv-00177, 2023 WL 2333300 (N.D. Ill. Mar. 2, 2023) Plaintiffs alleged that three of Walgreens’ pain-relieving products mislead consumers because the products’ front labels state that they are “Maximum Strength” lidocaine products, but stronger prescription … Continue reading →

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