Author Archives: rtushnet

Primary jurisdiction didn’t warrant dismissal of "natural" claims, 9th Cir. says

Posted on April 13, 2015 by rtushnet

Astiana v. Hain Celestial Group, Inc., No. 12-17596 (9th Cir. Apr. 10, 2015)   As the court of appeals introduced the case:   A product labeled “all natural” or “pure natural” likely evokes images of ground herbs and earth extracts … Continue reading →

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Click click boom: affiliate marketing network liable for affiliates’ false advertising

Posted on April 10, 2015 by rtushnet

FTC v. LeanSpa, LLC, No. 11-CV-1715 (D. Conn. Mar. 5, 2015)   The FTC challenged the use of fake news (and no, they don’t mean The Daily Show) to sell LeanSpa’s weight-loss and colon-cleanse products online. LeanSpa sold its products … Continue reading →

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Click click boom: affiliate marketing network liable for affiliates’ false advertising

Posted on April 10, 2015 by rtushnet

FTC v. LeanSpa, LLC, No. 11-CV-1715 (D. Conn. Mar. 5, 2015)   The FTC challenged the use of fake news (and no, they don’t mean The Daily Show) to sell LeanSpa’s weight-loss and colon-cleanse products online. LeanSpa sold its products … Continue reading →

Posted in 230, ftc, http://schemas.google.com/blogger/2008/kind#post, secondary liability | Leave a comment

No dog in this fight: PTO makes a cancelled mark incontestable

Posted on April 10, 2015 by rtushnet

Nola Spice Designs, LLC v. Haydel Enterprises Inc., No. 13-30918, — F.3d – (5th Cir. Apr. 8, 2015)   Opinion below, rejecting trademark and copyright claims based on competing Mardi Gras bead dog designs. (And a reminder: sending a DMCA … Continue reading →

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No dog in this fight: PTO makes a cancelled mark incontestable

Posted on April 10, 2015 by rtushnet

Nola Spice Designs, LLC v. Haydel Enterprises Inc., No. 13-30918, — F.3d – (5th Cir. Apr. 8, 2015) Opinion below, rejecting trademark and copyright claims based on competing Mardi Gras bead dog designs. (And a reminder: sending a DMCA notice … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Fraudulent concealment allegations preserve Lanham Act claim

Posted on April 9, 2015 by rtushnet

In re Honey Transshipping Litigation, No. 13–cv–2905, 2015 WL 1539034 (N.D. Ill. Mar. 31, 2015)   The class plaintiffs sued for violations of the Lanham Act and RICO; I’m just discussing claims against defendant Honey Solutions. The claims came from … Continue reading →

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Fraudulent concealment allegations preserve Lanham Act claim

Posted on April 9, 2015 by rtushnet

In re Honey Transshipping Litigation, No. 13–cv–2905, 2015 WL 1539034 (N.D. Ill. Mar. 31, 2015)   The class plaintiffs sued for violations of the Lanham Act and RICO; I’m just discussing claims against defendant Honey Solutions. The claims came from … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, procedure | Leave a comment

Restitution available for false discounts even if goods were ok

Posted on April 9, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015)   Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting … Continue reading →

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Restitution available for false discounts even if goods were ok

Posted on April 9, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015)   Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting … Continue reading →

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using a UDRP statute against foreclosure follies

Posted on April 8, 2015 by rtushnet

PLS Investments, LLC v. Ocwen Loan Servicing, LLC, 2015 WL 1505663, No. 5:14CV139 (W.D.N.C. Apr. 1, 2015)   PLS alleged that Ocwen and the other defendants erroneously and falsely listed its property as a foreclosure property twice—the second time after … Continue reading →

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