Author Archives: rtushnet

individualized smear campaign wasn’t plausibly commercial advertising or promotion

Posted on September 16, 2021 by rtushnet

Meredith Lodging LLC v. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 2546273 (D. Or. Jun. 21, 2021) The parties compete to manage vacation rental properties located in Oregon. Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at … Continue reading →

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AAA’s expansion to home security derailed by trademark

Posted on September 16, 2021 by rtushnet

AAA Alarm & Security Inc. v. A3 Smart Home LP, 2021 WL 3857417, No. CV-21-00321-PHX-GMS (D. Ariz. Aug. 30, 2021) Another expansion case, like the ones Uber has had. AAA Alarm began in 1985, serving over 8000 customers across Arizona … Continue reading →

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9th Circuit: desire to purchase properly labeled product is too abstract for injunctive relief standing

Posted on September 16, 2021 by rtushnet

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 20-15742 (9th Cir. Aug. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. The district court certified a class … Continue reading →

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two “kills 99.9% of germs” cases, divergent results

Posted on September 15, 2021 by rtushnet

Mier v. CVS Pharmacy, Inc., 2021 WL 1559367, No. SA CV 20-01979-DOC-ADS (C.D. Cal. Mar. 22, 2021) Another pandemic case, this one alleging that CVS’s Advanced Formula Hand Sanitizer misleads consumers by representing that it kills 99.99% of germs. The … Continue reading →

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LinkedIn posts weren’t commercial advertising or promotion for pediatric orthopedics

Posted on September 15, 2021 by rtushnet

Orthopediatrics Corp. v. Wishbone Medical, Inc., No. 3:20-CV-929 JD, 2021 WL 3887243 (N.D. Ind. Aug. 31, 2021) Plaintiffs “have an interest in a patented computer program that allows medical professionals to more easily determine the correct way to position bones … Continue reading →

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Weight Watchers’ pandemic termination of in-person services didn’t violate consumer protection law

Posted on September 15, 2021 by rtushnet

Quintanilla v. WW Int’l, Inc., 2021 WL 2077935, No. 20 Civ. 6261 (PAE) (S.D.N.Y. May 24, 2021) Weight Watchers shut down in-person services due to the pandemic. Quintanilla alleged that WW’s cancellation of in-person services, and transition of its workshop … Continue reading →

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acrimony among right-wing pundits isn’t commercial advertising or promotion

Posted on September 15, 2021 by rtushnet

Corsi v. InfoWars, LLC, 2021 WL 2115272, No. A-20-CV-298-LY (W.D. Tex. May 25, 2021) (R&R) This is a defamation case with a Lanham Act chunk. The parties are various right-wing public figures. Plaintiffs alleged that, in InfoWars videos, Alex Jones … Continue reading →

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legal memo to existing customers wasn’t “commercial advertising or promotion”

Posted on September 14, 2021 by rtushnet

IHS Global Ltd. v. Trade Data Monitor, LLC, 2021 WL 2134909, No. 2:18-cv-01025-DCN (D.S.C. May 21, 2021) A trade secret/similar case in which IHS owns a database called Global Trade Atlas, which it acquired from the people who founded defendants, … Continue reading →

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Peloton’s innovation claims were puffery, but music ads were a problem

Posted on September 14, 2021 by rtushnet

Peloton Interactive, Inc. v. Icon Health & Fitness, Inc., 2021 WL 2188219, No. 20-662-RGA (D. Del. May 28, 2021) The parties “compete in the at-home fitness market and offer products that allow consumers to attend live and on-demand fitness classes … Continue reading →

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gold buyer’s “up to 90%” payment claims were plausibly misleading

Posted on September 14, 2021 by rtushnet

Express Gold Cash, Inc. v. Beyond 79, LLC, 2020 WL 9848431, No. 18-CV-00837 EAW (W.D.N.Y. Dec. 15, 2020) Previous opinion.  The parties compete in the market for buying gold from ordinary people. In 2010, the Today Show—a morning television show … Continue reading →

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