Monthly Archives: January 2024

Tea Rose flour ads

Posted on January 15, 2024 by rtushnet

 Thanks, Library of Congress! My search for depictions of the dueling Tea Rose flours in Hanover Star Milling Co. v. Metcalf, 240 U.S. 403 (1916), had previously been futile, but not any more. from Blogger http://tushnet.blogspot.com/2024/01/tea-rose-flour-ads.html

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“carbon neutral” plausibly misleading because consumers don’t understand it

Posted on January 12, 2024 by rtushnet

Dorris v. Danone Waters, 2024 WL 112843, No. 22 Civ. 8717 (NSR) (S.D.N.Y. Jan. 10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express … Continue reading →

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always-available, effortless discount plausibly makes higher “regular” price misleading

Posted on January 8, 2024 by rtushnet

Vizcarra v. Michaels Stores, Inc., — F.Supp.3d —-, 2024 WL 64747, No. 23-cv-00468-PCP (N.D. Cal. Jan. 5, 2024) Vizcarra alleged that Michaels deceptively advertises its products as discounted when in fact they are always available for at least 20% less … Continue reading →

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where cross-examination exposes lack of TM confusion, out-of-court confusion “evidence” becomes less credible

Posted on January 5, 2024 by rtushnet

Florida Virtual School v. K12, Inc., 2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. Fla. Jan. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. statements as … Continue reading →

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“2x Omega” that wasn’t 2x the regular product was plausibly misleading

Posted on January 5, 2024 by rtushnet

Caldwell v. Nordic Naturals, Inc., 2024 WL 24325, No. 23-cv-02818-EMC (N.D. Cal. Jan. 2, 2024) Caldwell alleged that the dietary supplement product “Ultimate® Omega 2X” misled consumers into thinking that there is double the amount of omega-3  per serving than … Continue reading →

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sending emails under former employees’ names may be reverse passing off

Posted on January 3, 2024 by rtushnet

LoanDepot.com, LLC v. CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 22-cv-5971 (AS) (S.D.N.Y. Dec. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. CCM counterclaimed for abuse of process and … Continue reading →

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comparison charts could infringe, but properly labeled internal search didn’t

Posted on January 3, 2024 by rtushnet

Penn Engineering & Manufacturing Corp. v. Peninsula Components, Inc., 2023 WL 9051998, No. 19-513 (E.D. Pa. Dec. 28, 2023) Penn Engineering designs and manufactures various types of fasteners sold under various trademarks, and alleged that Peninsula sold identical fasteners while … Continue reading →

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“plant butter with almond oil” plausibly implies significant amount of almond oil

Posted on January 2, 2024 by rtushnet

Reyes v. Upfield US Inc., — F.Supp.3d —-, 2023 WL 6276685, No. 22-CV-6722 (KMK) (S.D.N.Y. Sept. 26, 2023) Reyes alleged that the labeling on some of Country Crock’s plant butter was deceptive in violation of §§ 349 and 350 of … Continue reading →

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“One a Day” plausibly misleads when consumers need to take more than one to get full benefit

Posted on January 2, 2024 by rtushnet

Newman v. Bayer Corp., — F.Supp.3d —-, 2023 WL 6318523, No. 22-CV-7087 (KMK) (S.D.N.Y. Sept. 28, 2023) Another day, another “One A Day” claim where the bottle instructs users that, you guessed it, a daily serving is more than one … Continue reading →

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