Monthly Archives: July 2023

WaPo on gold advertising and right-wing media

Posted on July 25, 2023 by rtushnet

 I’m quoted in the story. from Blogger http://tushnet.blogspot.com/2023/07/wapo-on-gold-advertising-and-right-wing.html

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Defendant’s belief its ads were effective is evidence of injury

Posted on July 24, 2023 by rtushnet

Sandoz Inc. v. Amgen Inc., 2023 WL 4681569, No. 2:22-cv-05326-RGK-MARx (C.D. Cal. Jun. 29, 2023) Sandoz brought state and federal false advertising claims against Amgen for its advertising of Neulasta, a pegfilgrastim injection used to treat the immunity-reducing side effects … Continue reading →

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Former distributor’s continuing use of “authorized distributor” leads to TM and false advertising claims

Posted on July 21, 2023 by rtushnet

Axon Enterprise, Inc. v. Luxury Home Buyers, LLC, No. 2:20-cv-01344-JAD-VCF, |2023 WL 4636917 (D. Nev. Jul. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument … Continue reading →

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over aggressive partial dissent, 11th Cir. allows some class claims against Ford “track ready” claims to proceed

Posted on July 20, 2023 by rtushnet

Tershakovec v. Ford Motor Company, Inc., — F.4th —-, 2023 WL 4377585, No. 22-10575 (11th Cir. Jul. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But some Shelby models weren’t equipped for … Continue reading →

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Covid-19 Act gives government more options in proceeding against supplement seller

Posted on July 20, 2023 by rtushnet

U.S. v. Nepute, 2023 WL 4623089, No. 4:21-CV-437 RLW (E.D. Mo. Jul. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager). for deceptive advertising of dietary supplements in violation of the … Continue reading →

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“24 Hour” cosmetics could be misleading as to sunscreen effect

Posted on July 19, 2023 by rtushnet

Zimmerman v. L’Oréal USA, Inc., 2023 WL 4564552, No. 22-cv-07609-HSG (N.D. Cal. Jul. 17, 2023) This is another lawsuit over “24 Hour” cosmetics, this time focusing on the fact that the sunscreen in the products needs to be reapplied every … Continue reading →

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False advertising and TM infringement receive very different damages treatment: case in point

Posted on July 19, 2023 by rtushnet

CareDx, Inc. v. Natera, Inc., No. 19-662-CFC, 2023 WL 4561059 (D. Del. Jul. 17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. Natera made superiority … Continue reading →

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no duty to defend despite allegations of label copying; but insurers can’t recoup defense costs already spent

Posted on July 19, 2023 by rtushnet

Continental Casualty Company v. Winder Laboratories, LLC, — F.4th —-, 2023 WL 4504183, No. 21-11758 (11th Cir. Jul. 13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. The court of appeals affirmed the finding … Continue reading →

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“stacked” car insurance is plausibly deceptive as useless for single vehicle

Posted on July 14, 2023 by rtushnet

Peck v. Progressive Northern Ins. Co., 2023 WL 2712390, — F.Supp.3d —-, No. 1:22-cv-00490-KWR-JFR (D.N.M. Mar. 30, 2023) Peck bought stacked uninsured/underinsured motorist (“UM/UIM”) coverage on a single vehicle policy. Stacked UM/UIM coverage permits an insured to aggregate the UM/UIM … Continue reading →

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Seen in my travels

Posted on July 10, 2023 by rtushnet

 Good cafe name: A handbag that probably requires some explanation to today’s students: from Blogger http://tushnet.blogspot.com/2023/07/seen-in-my-travels.html

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