Author Archives: rtushnet

When state consumer protection is narrower than federal

Posted on July 28, 2017 by rtushnet

Natreon, Inc. v. Ixoreal Biomed, Inc., 2017 WL 3131975, No. 16-4735 (D.N.J. Jul. 21, 2017) Natron sued defendant/counterclaimant/third-party plaintiff SKP and defendant Ixoreal, alleging false advertising and unfair competition in connection with an extract used in holistic and alternative medicines: … Continue reading →

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SDNY declines to extend ONY to press releases about studies

Posted on July 28, 2017 by rtushnet

Mimedx Group, Inc. v. Osiris Therapeutics, Inc., No. 16 Civ. 3645, 2017 WL 3129799 (S.D.N.Y. Jul. 21, 2017) The parties compete in the wound care biologics market for tissue-graft products.  Mimedx makes “EpiFix,” “a tissue graft processed from [a dehydrated] … Continue reading →

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Purple haze: court declines to recognize contributory false advertising claim

Posted on July 28, 2017 by rtushnet

Purple Innovations, LLC v. Honest Reviews, LLC, No. 2:17-cv-138, 2017 WL 3172810 (D. Utah Jul. 25, 2017) Mostly a jurisdiction case, but defendant GhostBed also successfully moved to dismiss Purple Innovations’ claim for contributory false association and false advertising.  Although … Continue reading →

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The hymn of Axiom: failure to disclose in FX trades doesn’t violate consumer protection law

Posted on July 27, 2017 by rtushnet

Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017) Deutsche Bank allegedly delayed execution of electronically matched trade orders in the foreign exchange (FX) market in order to benefit from … Continue reading →

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Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury

Posted on July 27, 2017 by rtushnet

Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading →

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Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury

Posted on July 27, 2017 by rtushnet

Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading →

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OJ may be guilty … of adding ingredients without disclosure

Posted on July 27, 2017 by rtushnet

In re: Simply Orange Orange Juice Marketing & Sales Practices Litig., MDL No. 2361, 2017 WL 3142095 (W.D. Mo. Jul. 24, 2017) Plaintiffs alleged that Coca-Cola sold Simply Orange, Minute Maid Pure Squeezed, and Minute Maid Pure Premium without disclosing … Continue reading →

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“Local” can be falsifiable representation of fact

Posted on July 25, 2017 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 3089011 (D. Utah Apr. 28, 2017) Leland Sycamore invented the process and formula for making Grandma Sycamore’s Home-Maid Bread and subsequently received federal trademark protection for part of the packaging’s … Continue reading →

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Pictures of premium cuts of meat on pet food are ambiguous, court says

Posted on July 25, 2017 by rtushnet

Wysong Corp. v. APN, Inc., Nos. 16-11823, 16-11825, 16-11826, 16-11827, 16-11832 (E.D. Mich. Jul. 20, 2017) Wysong, a pet food manufacturer, sued six competitors, alleging that their packages used images of “premium meats, poultry, fish, and vegetables” that “do not … Continue reading →

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Transformative work of the year (so far): To tell my story, showing near DC now

Posted on July 21, 2017 by rtushnet

To Tell My Story: A Hamlet Fanfic by Alexandra Petri  Runs until July 30 Although the structuring conceit is a loose retelling of Hamlet, with a modern-day fangirl as the tragic protagonist Elsie, there are a number of other fandoms … Continue reading →

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