Author Archives: rtushnet

nontestifying students are entitled to relief from for-profit’s false advertising

Posted on November 8, 2019 by rtushnet

State v. Minnesota School of Business, Inc., — N.W.2d —-, 2019 WL 5778078, No. A17-1740 (Minn. Nov. 6, 2019) How do you decide whether nontestifying members of a class have been harmed? A majority here, over two dissenting Justices, finds … Continue reading →

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pleading falsity can be done even with sophisticated consumers

Posted on November 6, 2019 by rtushnet

10x Genomics, Inc. v. Celsee, Inc., 2019 WL 5595666, No. 19-862-CFC-SRF (D. Del. Oct. 30, 2019) (magistrate) Skipping the patent parts.  “10x is a life sciences technology company that markets and sells its Chromium product line, which provides researchers with … Continue reading →

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multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

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multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

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Lack of personal jurisdiction leads to fee award in (c)/false advertising case

Posted on October 31, 2019 by rtushnet

International Inst. of Management v. Organization for Econ. Cooperation & Development, No. 2:18-cv-01748-JCM-GWF, 2019 WL 5578485 (D. Nev. Oct. 29, 2019) Not gonna lie, I’m here for the defendants, the OECD and Joseph Stiglitz.   IIM, a small Nevada think tank, … Continue reading →

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Trademark overprotection panel, Suffolk

Posted on October 30, 2019 by rtushnet

Second Annual Intellectual Property & Innovation Conference Suffolk University Law School NCSG The State of Trademark “Overprotection” by Courts and the PTO. What Happens When Institutions Overprotect Trademark Rights? Moderator: Leah Chan Grinvald, Associate Dean for Academic Affairs and Professor … Continue reading →

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ThermoLife continues mixed record in pleading competitive injury from other supplements

Posted on October 29, 2019 by rtushnet

ThermoLife International LLC v. Compound Solutions Inc., No. CV-19-01473-PHX-SMM, 2019 WL 5448804 (D. Ariz. Jul. 30, 2019) ThermoLife develops “amino acid nitrates used in dietary supplements to increase vasodilation,” and alleged that vasodilators are “included in nearly every pre-workout product … Continue reading →

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DuraBlend leather-ish label not misleading

Posted on October 29, 2019 by rtushnet

Razo v. Ashley Furniture Indus., Inc., No. 17-56770, 2019 WL 5543849, — Fed.Appx. —- (9th Cir. Oct. 28, 2019) Ashley preserved its summary judgment win in this putative class action asserting the usual California claims against furniture with leather-ish components. … Continue reading →

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implied claims of FDA approval actionable under Lanham Act

Posted on October 29, 2019 by rtushnet

Kurin, Inc. v. Magnolia Medical Technologies, Inc., 2019 WL 5422931, No.: 3:18-cv-1060-L-LL (S.D. Cal. Oct. 23, 2019) Kurin developed the Kurin Lock, a “specimen diversion device that reduces the risk of blood culture contamination and associated false positive blood culture … Continue reading →

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it’s hard to frame the right cause of action for Amazon seller-on-seller misbehavior

Posted on October 28, 2019 by rtushnet

Factory Direct Wholesale, LLC v. iTouchless Housewares & Products, Inc., 2019 WL 5423450, No. 19-CV-01228-LHK (N.D. Cal. Oct. 23, 2019) The parties compete to sell stuff on Amazon. They agreed to the Amazon Seller Agreement, which requires the seller to … Continue reading →

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