Author Archives: rtushnet

court remands NYC’s false advertising case against oil companies to state court

Posted on May 13, 2024 by rtushnet

City of New York v. Exxon Mobil Corp., 2024 WL 2091994, No. 21-CV-4807 (VEC) (S.D.N.Y. May 8, 2024) Being a multitrillion-dollar corporation means you can survive a “ridiculous” argument or two. Here, the city successfully wins remand (and a fee … Continue reading →

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reasonable consumers of ovulation test kits understand details of hormone signalling

Posted on May 10, 2024 by rtushnet

La Rosa v. Abbott Laboratories, No. 22-CV-5435 (RER) (JRC), 2024 WL 2022297 (E.D.N.Y. May 7, 2024) Plaintiffs alleged that defendants’ at-home ovulation test kits were deceptive because they advertised “ovulation test kits” alongside the front-of-package statement “99% ACCURATE,” which conveyed … Continue reading →

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online ingredients list can’t avoid deception claim, at least where survey suggests deception

Posted on May 7, 2024 by rtushnet

Duncan v. Kahala Franchising, L.L.C., — F.Supp.3d —-, CV 22-7841 (GRB)(AYS), 2024 WL 1936053 (E.D.N.Y. May 2, 2024) Lots of ice cream jokes/quotes in here, but the basic question is: “should consumers ordering pistachio ice cream at one of [Cold … Continue reading →

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Tiktok’s other, smaller legal problem

Posted on April 29, 2024 by rtushnet

Beijing Meishe Network Technology Co. v. Tiktok Inc., 2024 WL 1772833, No. 23-cv-06012-SI (N.D. Cal. Apr. 23, 2024) Skipping the copyright and trade secrets part of the case. (In brief: Meishe argued that Tiktok copied its code via an employee … Continue reading →

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Hetronic remand: the continued rise of “use”

Posted on April 29, 2024 by rtushnet

Hetronic International, Inc. v. Hetronic Germany GmbH, — F.4th —-, Nos. 20-6057 & 20-6100, 2024 WL 1724995 (10th Cir. Apr. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the … Continue reading →

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Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

Posted on April 29, 2024 by rtushnet

Leszczynski v. Kitchen Cube LLC, 2024 WL 1829620, No. 8-23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. He posted the Cube design and 3D print files on … Continue reading →

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Use of competitor’s photo in comparative ads caused no (c) damage, appeals court holds

Posted on April 15, 2024 by rtushnet

I Dig Texas, LLC v. Creager, — F.4th —-, 2024 WL 1590590, No. 23-5046 (10th Cir. Apr. 12, 2024) The district court found that use of a competitor’s photos in comparative advertising was fair use; the court of appeals affirms … Continue reading →

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Hospital’s use of Meta’s Pixel, despite promise to keep data private, plausibly deceptive

Posted on April 15, 2024 by rtushnet

Mekhail v. North Memorial Health Care, — F.Supp.3d —- , 2024 WL 1332260, No. 23-CV-00440 (KMM/TNL) (D. Minn. Mar. 28, 2024) Mekhail alleged that North’s use of a piece of hidden software on its websites (a pixel developed by Meta) … Continue reading →

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Good Meat is descriptive for sustainable meat-related services, plausibly deceptive for lab-grown meat

Posted on April 15, 2024 by rtushnet

Good Meat Project v. GOOD Meat, Inc., — F.Supp.3d —- , 2024 WL 1083462,  No. 23-cv-04145-RFL (N.D. Cal. Feb. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. It provides farmers, ranchers, and butchers with … Continue reading →

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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

Posted on April 12, 2024 by rtushnet

People v. Ashford University, LLC, 100 Cal.App.5th 485, 319 Cal.Rptr.3d 132, D080671 (Feb. 20, 2024) Defendants Zovio and Ashfort are the former owners and operators of an online university. The trial court found that for more than a decade, defendants … Continue reading →

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