Author Archives: rtushnet

False advertising and the privatized state

Posted on May 8, 2017 by rtushnet

Hansen v. Scram of California, Inc., No. 17-cv-01474, 2017 WL 1628401 (C.D. Cal. Apr. 28, 2017) When the carceral state becomes a business, can it commit business torts?  Plaintiffs sued Scram and Alcohol Monitoring Systems (AMS) for the usual statutory … Continue reading →

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City of Chicago can sue pharmacos for falsely advertising opiods

Posted on May 5, 2017 by rtushnet

City of Chicago v. Purdue Pharma L.P., 211 F.Supp.3d 1058 (N.D. Ill. 2016) The court sustained in part a claim by Chicago against defendant pharmacos, based on their allegedly deceptive and unfair marketing campaigns that served to “reverse[] the medical … Continue reading →

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court allows company to bring right of publicity claim

Posted on May 5, 2017 by rtushnet

Youngevity Int’l, Corp. v. Smith, No. 16-cv-00704, 2016 WL 7626584 (S.D. Cal. Dec. 1, 2016) Youngevity and Dr. Joel D. Wallach sell various health supplements using independent direct sellers known as “distributors” to move product. The individual defendants were former … Continue reading →

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Illinois right of publicity allows truthful statements about performers in ads

Posted on May 4, 2017 by rtushnet

Martin v. Wendy’s International, Inc., No. 15 C 6998 (N.D. Ill. Apr. 28, 2017) Discussion of the initial dismissal here.  The revised complaint fares no better. Martin holds the world record for consecutive kicks of a footbag, which was mentioned … Continue reading →

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What does a counterfeit look like?

Posted on May 1, 2017 by rtushnet

Coach, Inc. v. Chung Mei Wholesale, Inc., 2016 WL 7470001, No. 15-22829 (S.D. Fla. Jul. 17, 2016) Interesting case involving alleged counterfeiting of Coach products.  The defendants ran a business importing goods from China and selling them to retailers and … Continue reading →

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Lost sales as irreparable harm

Posted on May 1, 2017 by rtushnet

Epson America, Inc. v. USA111, Inc., No. 17-cv-00129, 2017 WL 1484400 (D.S.C. Apr. 26, 2017) Let’s admit it: the case law is a mess on this.  Epson sued its competitor, d/b/a iRULU, for falsely advertising its portable consumer projectors, specifically … Continue reading →

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split panel upholds Berkeley cell disclosure law

Posted on May 1, 2017 by rtushnet

CTIA-The Wireless Ass’n v. City of Berkeley, No. 16-15141 (9th Cir. Apr. 21, 2017) A City of Berkeley ordinance requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them … Continue reading →

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“tests prove X” claim can’t be falsified by showing not-X, court (wrongly) rules

Posted on May 1, 2017 by rtushnet

Dyson, Inc. v. SharkNinja Operating LLC, No. 14-cv-09442 (N.D. Ill. Apr. 26, 2017) Dyson and Shark compete in the market for vacuum cleaners. When Shark began running an infomercial for its competing vacuum in September 2014, Dyson’s margin on its … Continue reading →

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US companies can be enjoined from false advertising in China

Posted on May 1, 2017 by rtushnet

Primo Broodstock, Inc. v. American Mariculture, Inc., No. 17-cv-9, 2017 WL 1502714 (M.D. Fla. Apr. 27, 2017) Primo is a Texas corporation that breeds and sells “highly disease-resistant” shrimp from the Ecuadorian litopenaeus vannamei strain. Defendant Robin Pearl has an … Continue reading →

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Internet surveys are admissible (but may raise IRB concerns)

Posted on April 26, 2017 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017) Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging … Continue reading →

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