Author Archives: rtushnet

Political ad isn’t commercial, can’t be basis of Lanham Act claim

Posted on February 2, 2017 by rtushnet

Nichols v. Club for Growth Action, No. 16-220, 2017 WL 420111 (D.D.C. Jan. 31, 2017) Club for Growth Action is a political organization that broadcast a 30-second political ad on Wisconsin television and the Internet in September 2015, challenging the … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Failure to show causation leads court to overturn jury verdict against false advertising

Posted on February 2, 2017 by rtushnet

A.L.S. Enters., Inc. v. Robinson Outdoor Prods., LLC, No. 14-CV-500, 2017 WL 393307 (W.D. Mich. Jan. 30, 2017) ALS sued Robinson for false advertising of Robinson’s Trinity scent-control hunting clothing. The jury returned a verdict for ALS, awarding ALS $1.3 … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

older case about materiality v. consumer skepticism: a question of fact

Posted on February 1, 2017 by rtushnet

Duraflame, Inc. v. Hearthmark, LLC, 2013 WL 12177870, No. CV 12-01205 (N.D. Cal. Feb. 2, 2013) Duraflame alleged that many people bought Duraflame’s artificial firelogs because they used renewable resources, and consumers are willing to pay a premium to purchase … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

TCPA survives strict scrutiny

Posted on January 31, 2017 by rtushnet

Brickman v. Facebook, Inc., No. 16-cv-00751, 2017 BL 25487 (N.D. Cal. Jan. 27, 2017) One criticism of expanding strict scrutiny is that courts will be extremely tempted to find that sensible regulations pass strict scrutiny, thus watering down its protection … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Amazon escapes liability for ads & emails touting vendors’ infringing products

Posted on January 31, 2017 by rtushnet

Lasoff v. Amazon.com Inc, 2017 WL 372948, No. C16-151 (W.D. Wash. Jan. 26, 2017) Lasoff owns Ingrass, which sells artificial turf and related products.  He sold through Amazon, but in 2013 his sales allegedly began to plummet, both on his … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Disgorgement isn’t distinguishable from restitution in ordinary consumer protection case

Posted on January 31, 2017 by rtushnet

Brazil v. Dole Packaged Foods, LLC, 660 Fed.Appx. 531 (9th Cir. 2016) Brazil brought the usual California claims, alleging that defendants deceptively described their fruit products as “All Natural Fruit.” Brazil property alleged that Dole’s labels were deceptive given that … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

For law students: Notre Dame summer IP program

Posted on January 31, 2017 by rtushnet

Details on the Notre Dame “Get a Leg Up in IP” program this summer. from Blogger http://ift.tt/2jRCLXK

Posted in Uncategorized | Tagged | Leave a comment

Another “omissions about slave labor” case fails in Cal.

Posted on January 30, 2017 by rtushnet

Sud v. Costco Wholesale Corp., No. 15-cv-03783, 2017 WL 345994 (N.D. Cal. Jan. 24, 2017) Sud brought the usual California claims based on allegations that Costco sold prawns for which the supply chain was tainted by slavery, human trafficking, and … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Older case: placement of medical device on market isn’t representation of FDA approval

Posted on January 30, 2017 by rtushnet

Intra-Lock International, Inc. v. Choukroun, 2015 WL 11422285, No. 14-cv-80930 (S.D. Fla. May 4, 2015) Old, but new in Westclip (why? It’s an algorithmic mystery), and presents an interesting fact pattern about FDA approval/the lack thereof and the relationship between … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

False claims of discounts cause Article III injury

Posted on January 30, 2017 by rtushnet

Morrow v. Ann Inc., 2017 WL 363001, No. 16-CV-3340 (S.D.N.Y. Jan. 24, 2017) Plaintiffs alleged that Ann deceptively advertised merchandise sold in its Ann Taylor Factory and LOFT Outlet stores by falsely claiming on its sales tags, in-store signage, and … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment