Author Archives: rtushnet

“Belgium 1926” label on chocolate plausibly indicates current Belgian origin

Posted on June 2, 2020 by rtushnet

Hesse v. Godiva Chocolatier, Inc., 2020 WL 2793014 No. 19-cv-972 (AJN) (S.D.N.Y. May 29, 2020)  The forgiving plausibility standard allows consumer protection claims about Godiva’s use of “Belgium 1926” on its American-made chocolates to continue. The court points out that, … Continue reading →

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“truly tiny” disclaimer at bottom of website didn’t prevent factual issue on misleadingness

Posted on June 2, 2020 by rtushnet

Lemberg Law, LLC v. eGeneration Marketing, Inc., 2020 WL 2813177, No. 18-cv-570 (CSH) (D. Conn. May 29, 2020) Lemberg sued eGeneration for running stopcollections.org, a site engaged in “matching lawyers who focus their practice on filing claims under the federal … Continue reading →

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Copyright preempts/Dastar precludes lawsuit based on Fortnite’s copying of a dance move

Posted on June 1, 2020 by rtushnet

Brantley v. Epic Games, Inc., No. v. 19-cv-594-PWG (D. Md. May 29, 2020)  Plaintiffs Brantley and Nickens alleged that in 2016 they created, named, and popularized a dance move, which they titled the “Running Man,” and which subsequently went viral … Continue reading →

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turnabout is fair play: undisclosed sponsorship of “objective” report could be misleading; overstatement of court holding could be defamatory

Posted on May 28, 2020 by rtushnet

Pegasystems, Inc. v. Appian Corp., 2020 WL 2616280, No. 19-11461-PBS (D. Mass. May 22, 2020) Pegasystems sued Appian for allegedly falsely touting a paid for report as independent; now the court deals with Appian’s counterclaims for false advertising under the … Continue reading →

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another case says Google’s “free speech” statements are puffery

Posted on May 28, 2020 by rtushnet

Ugh, Google’s new Blogger interface is terrible–will I be forced to decamp to WordPress? Anyway: Lewis v. Google LLC, — F. Supp. 3d —-, No. 20-cv-00085-SK, 2020 WL 2745253 (N.D. Cal. May 20, 2020) Plaintiff, an antifeminist, is sad that … Continue reading →

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Sam’s Club exposed to disgorgement for potential warranty differences in grey goods it sold

Posted on May 26, 2020 by rtushnet

Monahan Prods. LLC v. Sam’s East, Inc., 2020 WL 2561255, No. 18-11561-FDS (D. Mass. May 20, 2020) Plaintiff makes UPPAbaby strollers. Sam’s is a chain of membership-only retail warehouse stores and, despite not being an authorized retailer, it sold actual … Continue reading →

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burden is on Ds to show unprotectability of what they copied

Posted on May 26, 2020 by rtushnet

Compulife Software Inc. v. Newman, 2020 WL 2549505, No. 18-12004, No. 18-12007 (11th Cir. May 20, 2020) The opinion sums up: The very short story: Compulife Software, Inc., which has developed and markets a computerized mechanism for calculating, organizing, and … Continue reading →

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court rejects HomeAdvisor’s First Amendment defense of its misleading ads

Posted on May 26, 2020 by rtushnet

People ex rel. Gascon v. HomeAdvisor, Inc., A154960, 2020 WL 2486970 (Cal. Ct. App. May 14, 2020) HomeAdvisor appealed an injunction barring it from broadcasting certain ads (except with a disclaimer, for a limited time). HomeAdvisor argued that the order … Continue reading →

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Descriptive fair use on a motion to dismiss

Posted on May 26, 2020 by rtushnet

Outhouse PR, LLC v. Northstar Travel Media, LLC, No. 19-cv-05979-NRB (S.D.N.Y. May 15, 2020) A motion to dismiss granted on descriptive use: impressive! Outhouse is a digital media company that runs womenyoushouldknow.net, which “posts editorial content, such as interviews and … Continue reading →

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Navigating NAD’s new fast track program for challenging advertising

Posted on May 13, 2020 by rtushnet

“Navigating SWIFT – An Inside View of NAD’s Fast-Track Process”, presented by Laura Brett, Vice President, NAD, BBB National Programs, and moderated by David Mallen, Co-Chair, Retail and Consumer Brands, Loeb & Loeb LLP. [Despite its cutesy name, I am … Continue reading →

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