Author Archives: rtushnet

Expedia’s unavailability claims sometimes literally false, maybe misleading; materiality is contested for trial

Buckeye Tree Lodge v. Expedia, Inc., 2020 WL 5372246, No. 16-cv-04721-VC (N.D. Cal. Sept. 9, 2020) The court denies cross motions for summary judgment on whether Expedia violated the Lanham Act by suggesting that plaintiffs’ hotels could in theory be … Continue reading

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escalated materiality requirement precludes class certification

Oddo v. Arocaire Air Conditioning & Heating, 2020 WL 5267917, Nos. 15-cv-01985-CAS Ex, 18-cv-07030-CAS(Ex) (C.D. Cal. May 18, 2020) These are consolidated putative class actions alleging that defendants’ HVAC systems have faulty thermal expansion valves (TXVs). A TXV is “a … Continue reading

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Selling two products together doesn’t plausibly cause confusion as to their source

General Motors LLC v. KAR Auto Gp., Inc., No. 20-CV-2039-CJW-KEM, 2020 WL 5371717 (N.D. Iowa Sept. 8, 2020) When a court can’t give a doctrinal reason for its decision, that can signal a deep indeterminacy in the doctrine that can … Continue reading

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insurer must defend Expedia because its false advertising exclusion didn’t cover false claims about hotels

National Union Fire Ins. Co. v. Expedia, Inc., 2020 WL 5369261, No. C19-0896RSL (W.D. Wash. Sept. 8, 2020) While receiving bad news in the underlying false advertising claims (watch this space), Expedia did manage to keep its insurer involved in … Continue reading

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closing SeaWorld during pandemic didn’t make “unlimited” entry passes deceptive

Kouball v. SeaWorld Parks & Entertainment, Inc., 2020 WL 5408918, No.: 20-cv-870-CAB-BGS (S.D. Cal. Sept. 9, 2020) Kouball failed to state a claim under the usual California statutes and common law causes of action by alleging that SeaWorld deceptively failed … Continue reading

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sunglasses reseller liable for (c) infringement, maybe TM/false advertising/tortious interference

Maui Jim, Inc. v. SmartBuy Guru Enters., No. 1:16 CV 9788, — F.Supp.3d —-, 2020 WL 4435320 (N.D. Ill. Feb. 24, 2020) Maui Jim alleged that the defendants sold non-genuine Maui-Jim-branded sunglasses while using its copyrighted photographs to falsely advertise … Continue reading

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“made with aged vanilla” can be misleading even if not the main ingredient

Sharpe v. A&W Concentrate Co., — F.Supp.3d —-, 2020 WL 4931045, No. 19-cv-768 (BMC) (E.D.N.Y. Aug. 24, 2020) Plaintiffs alleged that defendants violated NY GBL §349 by misleadingly labeling their root beer and cream soda beverages as “MADE WITH AGED … Continue reading

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Keratindose hair products may be misleading about keratin content even without a survey

Price v. L’Oréal USA, Inc., 2020 WL 4937464, No. 17 Civ. 614 (LGS) (S.D.N.Y. Aug. 24, 2020) Plaintiffs brought California and New York claims against L’Oréal based on its Matrix Biolage Advanced (MBA) haircare product. This includes the Keratindose system … Continue reading

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advertising/marketing law job: Advertising & E-Commerce Law Attorney (4+ yrs)

From Gordon Rees Scully Mansukhani. Ideally in DC/Northern Virginia area. See more here. from Blogger https://ift.tt/3inyU2Q

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“wasabi peas” can be made with horseradish without injuring consumers given widespread use

Yothers v. JFC Int’l, Inc., No. 20-cv-01657-RS, 2020 WL 5015262 (N.D. Cal. May 14, 2020) Defendants sell “wasabi peas,” which, “allegedly like 95–99% of ‘wasabi’ products sold in North America, contains not Wasabia japonica but Amoracia rusticana, more commonly known … Continue reading

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