Author Archives: rtushnet

counting chickens: should disgorgement be harder for false advertising than for TM?

Posted on October 11, 2021 by rtushnet

Certified Neutraceuticals Inc. v. Clorox Co., 2021 WL 4460806, No. 18-cv-0744 W (KSC) (S.D. Cal. Sept. 29, 2021) The Clorox defendants sell dietary supplements using the raw materials provided by Certified’s competitor, Avicenna. Certified alleged Lanham Act false advertising based … Continue reading →

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Juxtaposition doesn’t necessarily mean one claim bleeds into another

Posted on October 11, 2021 by rtushnet

Engram v. GSK Consumer Healthcare Holdings (US) Inc., 2021 WL 4502439, No. 19-CV-2886(EK)(PK) (E.D.N.Y. Sept. 30, 2021) GSK sells “2 in 1 Lipcare” Chapstick: it provides moisturization and sun protection … but the former lasts longer than the latter. Engram … Continue reading →

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disparagement campaign in niche jewelry market could violate Lanham Act

Posted on October 11, 2021 by rtushnet

Roberto Coin, Inc. v. Goldstein, No. 18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. Sept. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” “After RCI stopped sourcing black jade from Kings Stone … Continue reading →

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Mexican origin claims revitalized by survey

Posted on October 11, 2021 by rtushnet

Govea v. Gruma Corp., 2021 WL 4518457, No. CV 20-8585-MWF (JCx) (C.D. Cal. Aug. 18, 2021) Previous discussion. The amended complaint fares better: the tortilla packages at issue plausibly misrepresented Mexican origin. Plaintiffs added allegations that “[u]n pedacito de México” … Continue reading →

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Disney’s Toy Story 4 daredevil not legally risky

Posted on October 8, 2021 by rtushnet

K & K Prods., Inc. v. Walt Disney Studios Motion Pictures, No. 2:20-CV-1753 JCM (NJK) (D. Nev. Sept. 23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, … Continue reading →

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non-toxic plausibly means nonharmful, but harmfulness still needs adequate pleading

Posted on October 8, 2021 by rtushnet

Rivera v. S.C. Johnson & Son, Inc., 2021 WL 4392300, No. 20-CV-3588 (RA) (S.D.N.Y. Sept. 24, 2021) Plaintiffs alleged that S.C. Johnson’s labeling of its Windex cleaning products as “Non-Toxic” was misleading in violation of NY’s GBL because those products … Continue reading →

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NY can still seek disgorgement even if FTC can’t

Posted on October 8, 2021 by rtushnet

Federal Trade Comm’n v. Vyera Pharms., LLC, 2021 WL 4392481, No. 20cv00706 (DLC) (S.D.N.Y. Sept. 24, 2021) Featuring Martin Shkreli as a defendant! The FTC, with NY and a number of other states, sued Vyera for violating the antitrust laws … Continue reading →

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Bad reviews as evidence of actual knowledge of defects

Posted on October 8, 2021 by rtushnet

Partida v. Tristar Prods., Inc., 2021 WL 4352374, No. EDCV 20-436 JGB (KKx) (C.D. Cal. Aug. 5, 2021) This is a putative consumer class action about pans advertised as non-stick that allegedly weren’t (and also weren’t copper as advertised). It … Continue reading →

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Ice Cube’s case against Robinhood melts again

Posted on October 7, 2021 by rtushnet

Jackson v. Robinhood Markets, Inc., No. 21-cv-02304-LB (N.D. Cal. Sept. 20, 2021) Previously, the court dismissed Ice Cube’s ROP and false endorsement claims for lack of standing because pleading an appearance in a financial newsletter does not suffice to plead … Continue reading →

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grudge litigation over warranties with no harm leads to fee award

Posted on October 7, 2021 by rtushnet

Grundman v. Tranik Enters., Inc., 2021 WL 565813, 2d Civil No. B297024 (Cal. Ct. App. Feb. 16, 2021) “This appeal concerns the sale of four luxury watches and a buyer who suffered no cognizable injury. The watches work and there … Continue reading →

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