Monthly Archives: March 2025

game over for allegations relating to misattributed/distorted consumer complaints

Posted on March 28, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 918411, 24cv1646(DLC) (S.D.N.Y. Mar. 26, 2025) Previously, the court partially granted Skillz’s motion to dismiss Papaya’s amended counterclaims; Papaya sought leave to file further amended counterclaims, which the court denied. The … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

honey producers have statutory standing to challenge Bayer’s claims to direct purchasers that herbicides were safe

Posted on March 26, 2025 by rtushnet

Coy’s Honey Farm, Inc. v. Bayer Corp., MDL No.:1:18-md-02820-SNLJ, No. 1:21-CV-089-SNLJ, 2025 WL 901264 (E.D. Mo. Mar. 25, 2025) Coy’s s a beekeeping and honey-producing operation. It alleged that dicamba-based herbicide products, including those produced by defendants, moved away from … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

National Republican Senatorial Committee loses ROP/Lanham Act/UCL claims against alleged “Scam PAC”

Posted on March 20, 2025 by rtushnet

National Republican Senatorial Committee v. Red Senate, 2025 WL 819711, No. 8:24-cv-02301-JVS-KES (C.D. Cal. Jan. 14, 2025) NRSC sued Red State, alleging that it was exploiting Senator Rick Scott’s “name, image, and likeness without his consent to deceive and scam … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Reading List: morality and trademarks in South Asia

Posted on March 19, 2025 by rtushnet

Zehra Jafri, One Sari, Three Different Ways to Drape It: Trademarks, Religion, Language, and Morality in Post-Colonial India, Pakistan, and Bangladesh, 40 UCLA Pacific Basin Law Journal 127 (2023)  Abstract: Pakistan, India, and Bangladesh were all established on a sense of … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

asterisk alone makes front of package claims ambiguous

Posted on March 17, 2025 by rtushnet

Wong v. Iovate Health Sciences U.S.A. Inc., 2025 WL 821451, No. 2:24-cv-00901-DAD-CKD (E.D. Cal. Mar. 14, 2025) Is an asterisk on the front of a package a get-out-of-jail-free card for false advertising? If the disclosure doesn’t flatly contradict the claim, … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

discovery rule applies to false “reference price” allegations at outlet stores

Posted on March 17, 2025 by rtushnet

Clark v. Eddie Bauer LLC, — F.Supp.3d —-, 2025 WL 814924, No. 2:20-cv-01106-RAJ (W.D. Wash. Mar. 12, 2025) A good choice for publication given that the opinion addresses (and rejects) some arguments I haven’t seen before. Clark sued Eddie Bauer … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

false claims of buying and “rebranding” a festival lead to disclosure/correction remedies

Posted on March 14, 2025 by rtushnet

Nantucket Wine & Food Festival, LLC v. Gordon Companies, Inc., — F.Supp.3d —-, No. 24-11640-LTS, 2024 WL 5442374 (D. Mass. Dec. 12, 2024) Wild facts here. Plaintiff NWF runs an annual, multi-day event on Nantucket called the Nantucket Wine & … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“natural” products can be produced in factories

Posted on March 13, 2025 by rtushnet

Karabas v. TC Heartland LLC, 2025 WL 777001, No. 24-CV-2722 (AMD) (VMS) (E.D.N.Y. Mar. 11, 2025) Karabas alleged that Heartland deceptively marketed its stevia-based sweetener as “100% Natural” when the sweetener’s two ingredients — stevia leaf extract and erythritol — … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court once again reduces false advertising statutory damages award to 10% of request on constitutional grounds

Posted on March 12, 2025 by rtushnet

Montera v. Premier Nutrition Corp., 2025 WL 751542, No. 16-cv-06980-RS (N.D. Cal. Mar. 10, 2025) I just taught this case!—The court once again, after remand, reduces a statutory damages award based on NY consumer protection law from $83 million to … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

comparative advertising isn’t confusing

Posted on March 10, 2025 by rtushnet

Windmar PV Energy, Inc. v. Solar Now Puerto Rico, LLC, 2025 WL 725078, NO. 24-1570 (RAM) (D.P.R. Mar. 6, 2025) A frivolous lawsuit against comparative advertising; the court gets the right result at least. Windmar and Solar now compete in … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment