Monthly Archives: March 2024

calling an accepted Rule 68 offer a judgment of infringement could be defamatory

Posted on March 14, 2024 by rtushnet

Double Diamond Distribution Ltd. v. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. Colo. Mar. 11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! The parties compete … Continue reading →

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reasonable consumers aren’t required to know collagen can’t be vegan

Posted on March 8, 2024 by rtushnet

Kandel v. Dr. Dennis Gross Skincare, LLC, 2024 WL 965621, No. 23-cv-01967 (ER) (S.D.N.Y. Mar. 5, 2024) Similar California litigation at a later stage. Kandel alleged that Gross Skincare deceptively labeled and advertised its skincare products as containing collagen when, … Continue reading →

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small competitor lacks standing against big one’s nondisparaging advertising

Posted on March 7, 2024 by rtushnet

HomeLight, Inc. v. Shkipin, — F.Supp.3d —-, 2024 WL 940089 (N.D. Cal. Mar. 5, 2024) Sometimes, courts are very generous to competitors in presuming Lanham Act standing—as with the recent Meta ruling—and sometimes they aren’t. I have yet to detect a … Continue reading →

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Second Circuit affirms holding that asterisk/fine print sufficiently clarifies ambiguous claim

Posted on March 6, 2024 by rtushnet

Montgomery v. Stanley Black & Decker, Inc., 2024 WL 939151, No. 23-735-cv (2d Cir. Mar. 5, 2024) Plaintiffs sued defendant (Craftsman) for deceptive business practice claims under both the New York General Business Law (NYGBL), and the Virginia Consumer Protection … Continue reading →

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local ad company has Lanham Act standing against Meta for allegedly overstating ad reach

Posted on March 6, 2024 by rtushnet

Metroplex Communic., Inc. v. Meta Platforms, Inc., 2024 WL 940127, No. 22-cv-1455-SMY (S.D. Ill. Mar. 5, 2024) Metroplex, a local advertising company, brought a putative class action against Meta for unfair competition. Although Meta argued that Metroplex was an ad … Continue reading →

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Bank has Lanham Act standing to assert disparagement claim against former customer (itself a service provider)

Posted on March 6, 2024 by rtushnet

SouthState Bank, N.A. v. Qoins Technologies, Inc., — F.Supp.3d —-, 2024 WL 911075, No. 1:22-CV-5020-MHC (N.D. Ga. Mar. 1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order … Continue reading →

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Two hospitals can both be best, and use purple ads (for now at least)

Posted on March 6, 2024 by rtushnet

NYU Langone Health Sys. v. Northwell Health, Inc., 2024 WL 898941, No. 23-CV-5032 (VEC) (S.D.N.Y. Mar. 1, 2024) NYU Langone sued Northwell for trade dress infringement, unfair competition and false designation of origin, and false advertising under the Lanham Act, … Continue reading →

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“it appears difficult for a defendant, innocent or not, to defend himself in a claim for disgorgement of profits”

Posted on March 4, 2024 by rtushnet

Newborn Bros. Co. v. Albion Engineering Co., No. 12-2999, 2024 WL 887785 (D.N.J. Feb. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” Now it’s … Continue reading →

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