Author Archives: rtushnet

competitor succeeds in enjoining sale of competing but non-FDA-cleared medical devices

Posted on October 7, 2021 by rtushnet

Telebrands Corp. v. Vindex Solutions LLC, 2021 WL 534361, No. 21-cv-00898-BLF (N.D. Cal. Feb. 12, 2021) Telebrands sells stuff, including the Hempvana Rocket, a handheld transcutaneous electrical nerve stimulation (TENS) unit, “a pain-relieving pen that uses TENS therapy in the … Continue reading →

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survey evidence disregarded in another vanilla case

Posted on October 7, 2021 by rtushnet

Twohig v. Shop-Rite Supermarkets, Inc., 2021 WL 518021, No. 20-CV-763 (CS) (S.D.N.Y. Feb. 11, 2021) ShopRite sells organic vanilla soymilk. Plaintiffs brought the now-standard vanilla versus vanillin claims. They argued that the ingredient list, which includes “Organic Natural Flavors” and … Continue reading →

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False endorsement remains broader than many state ROP laws

Posted on October 6, 2021 by rtushnet

Walkowicz v. American Girl Brands, LLC, 2021 WL 510729, No. 20-cv-374-jdp (W.D. Wis. Feb. 11, 2021) Lucianne Walkowicz “has achieved a measure of celebrity as an astronomer,” and contended that  defendants misappropriated distinctive aspects of their personal identity into a … Continue reading →

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accusing a home inspectors’ group of link with NAMBLA isn’t believable enough for defamation

Posted on October 6, 2021 by rtushnet

Examination Board of Professional Home Inspectors v. International Association of Certified Home Inspectors, 2021 WL 492482, No 18-cv-01559-RBJ (D. Colo. Feb. 10, 2021) Although an individual’s comments linking his rival to NAMBLA and Jeffrey Dahmer were non-actionable non-facts, statements arguably … Continue reading →

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no cognizable harm where statutorily required info was provided though not by the required party

Posted on October 6, 2021 by rtushnet

Baker v. Yamaha Motor Corp., USA, 2021 WL 388451, E072089 (Cal. Ct. App. Feb. 4, 2021) Baker sued Yamaha, alleging that its failure to furnish hang tags to its independent dealer TMI, as required by California’s Vehicle Code, made it … Continue reading →

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false advertising claim fails, in part because of stringent antitrust rules

Posted on October 6, 2021 by rtushnet

In re EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices & Antitrust Litig., MDL No. 2785, No. 17-md-2785-DDC-TJJ (D. Kan. Dec. 17, 2020) A lot of stuff here; I will ignore the non-false advertising related aspects of this mostly antitrust case. … Continue reading →

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“advertising injury” insurance exclusion doesn’t exclude false advertising claims

Posted on October 5, 2021 by rtushnet

Luxottica, Inc. v. Allianz Global Risks US Ins. Co., 2021 WL 4226197, No. 1:20-cv-698 (S.D. Ohio Jul. 28, 2021) Mostly this case is about other things, but the court finds a duty to defend in the underlying false advertising case. … Continue reading →

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No organizational standing from mere conflict with consumer protection mission

Posted on October 5, 2021 by rtushnet

In Defense of Animals v. Sanderson Farms, Inc., 2021 WL 4243391, No. 20-cv-05293-RS (N.D. Cal. Sept. 17, 2021) Let’s play the fun game “which of these statements about standing should make IP people nervous?” Previously, Friends of the Earth and … Continue reading →

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consumer’s bid to enjoin Redbubble’s sale of “counterfeits” fails

Posted on October 5, 2021 by rtushnet

Vinluan-Jularbal v. Redbubble, Inc., No. 2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. Cal. Sept. 21, 2021) Plaintiff thinks Redbubble sells a lot of “counterfeits” and wants that enjoined under the UCL and CLRA. Despite ruling in her favor on a lot of … Continue reading →

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Another pharma substitution case fails

Posted on October 5, 2021 by rtushnet

Sebela Pharmaceuticals Inc. v. TruPharma, LLC, 2021 WL 4316750, No. 1:20-cv-1677-SB (D. Del. Sept. 8, 2021) When a false advertising case starts this way, you can guess how it will end: “Market competition is good. Competitors are free to copy … Continue reading →

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