Author Archives: rtushnet

“first urgent care” practice claim isn’t material or literally false

Posted on September 27, 2021 by rtushnet

American Family Care, Inc. v. Medhelp, P.C., 2021 WL 4149782, No. 2:19-CV-01325-LSC (N.D. Ala. Sept. 13, 2021) Not having a materiality or harm requirement really makes a difference in trademark cases compared to false advertising cases—look at the reasons this … Continue reading →

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Second Circuit requires confusion for counterfeiting

Posted on September 27, 2021 by rtushnet

Hamilton International Ltd. v. Vortic LLC, No. 20-3369-cv (2d Cir. Sept. 14, 2021) A small note about this case affirming a finding that vintage Hamilton pocketwatch movements converted to wristwatches were not likely to cause confusion under Champion and Polaroid: … Continue reading →

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scientific studies don’t have to be of D’s product exactly for plausibility

Posted on September 27, 2021 by rtushnet

Rosenfeld v. AC2T, Inc., 2021 WL 4197176, No. 1:20-cv-04662-FB-PK (E.D.N.Y. Sept. 15, 2021) Rosenfeld alleged that defendants fraudulently marketed a mosquito control product called “Spartan Mosquito Eradicator.” Spartan’s advertising allegedly touted that the product will “significantly decrease[ ] [mosquito] population … Continue reading →

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Video game skates away from liability to pro skateboarder

Posted on September 27, 2021 by rtushnet

Miller v. Easy Day Studios Pty Ltd, 2021 WL 4209205, No. 20cv02187-LAB-DEB (S.D. Cal. Sept. 16, 2021) Gordon v. Drape did mess things up in the Ninth Circuit, but core Rogers cases are still simple. Defendants paid Zachary Miller, a … Continue reading →

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Another reason for statehood: DC law can’t confer organizational standing beyond Article III

Posted on September 26, 2021 by rtushnet

Clean Label Project Found. v. Garden Of Life, LLC, 2021 WL 4318099, No. 20-3229 (RC) (D.D.C. Sept. 23, 2021) CLP, a non-profit, sued Garden of Life, a seller of prenatal supplements, for unlawful trade practices in violation of the District … Continue reading →

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FB’s “Russian state-controlled media” label wasn’t commercial advertising or promotion

Posted on September 24, 2021 by rtushnet

Maffick LLC v. Facebook, Inc., 2021 WL 1893074, No. 20-cv-05222-JD (N.D. Cal. May 11, 2021) Facebook’s application of “Russia state-controlled media” label to a news page on Facebook was not commercial advertising or promotion. Mentioned here mostly to highlight the … Continue reading →

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Regulatory safe harbor bars claim over meaning of “gigabyte”

Posted on September 24, 2021 by rtushnet

Dinan v. SanDisk LLC, 844 Fed.Appx. 978, No. 20-15287 (9th Cir. 2021) SanDisk allegedly violated the usual California consumer protection statutes by using gigabyte (“GB”) to mean 1,000,000,000 bytes (“the decimal definition”), when plaintiffs assumed gigabyte as used by SanDisk … Continue reading →

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Mars and Quaker dodge chocolate/child slavery claims, but Starbucks doesn’t

Posted on September 24, 2021 by rtushnet

Myers v. Starbucks Corp., 2021 WL 1921120, No. 5:20-cv-00335-JWH-SHKx (C.D. Cal. May 5, 2021) Myers sued Mars, Quaker Oats, and Starbucks under the CLRA and UCL, alleging claims related to use of child slaves to produce cocoa. Child slavery, which … Continue reading →

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Made-in-USA claims over tea survive; “America’s Classic” could be falsifiable in context

Posted on September 24, 2021 by rtushnet

Banks v. R.C. Bigelow, Inc., — F.Supp.3d —-, 2021 WL 1734779, No. 20-cv-6208 DDP (RAOx) (C.D. Cal. May 3, 2021) Plaintiffs sued over tea labeled “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED” and “AMERICA’S CLASSIC.” However, the tea leaves … Continue reading →

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Disparate impact isn’t “unfair” for consumer protection purposes, court indicates

Posted on September 23, 2021 by rtushnet

Schulte v. Conopco, Inc., No. 20-2696 (8h Cir. May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? The court here implicitly says no, without ever confronting the question directly. … Continue reading →

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