Author Archives: rtushnet

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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student social media use of school colors/logo not plausibly confusing

Posted on September 14, 2021 by rtushnet

Arizona Board of Regents v. Doe, 2021 WL 3684116, No. CV-20-01638-PHX-DWL (D. Ariz. Aug. 18, 2021) Doe, a real asshole (“deeply unsympathetic,” to use the court’s terms), advertised “ASU Covid Parties” on a similarly-named Instagram account and spewed a lot … Continue reading →

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infant/child painkiller case dismissed as preempted

Posted on September 13, 2021 by rtushnet

Youngblood v. CVS Pharmacy, 2021 WL 3700256, No. 2:20-cv-06251-MCS-MRW (C.D. Cal. Aug. 17, 2021) Another infant/children acetaminophen consumer protection case. This one dismisses the claims as completely preempted by the FTCA. Plaintiffs argued that their claims are consistent with the … Continue reading →

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two Zillow false advertising cases, divergent outcomes

Posted on September 13, 2021 by rtushnet

REX – Real Estate Exchange Inc. v. Zillow Inc., No. C21-312 TSZ, 2021 WL 3930694 (W.D. Wash. Sept. 2, 2021) Rex sued Zillow and the National Association of Realtors for antitrust and false advertising violations. Surprisingly, the antitrust claims survive, … Continue reading →

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“tested” can misleadingly imply high performance on test

Posted on September 13, 2021 by rtushnet

Carder v. Graco Children’s Products, Inc., — F.Supp.3d —-, 2021 WL 3909953, No. 2:20-CV-00137-LMM (N.D. Ga. Aug. 31, 2021) Plaintiffs from fifteen states alleged that Graco made false and misleading representations about two models of children’s car seats, specifically marketing … Continue reading →

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Reading list: The Confusion Test in European Trade Mark Law

Posted on September 13, 2021 by rtushnet

Ilanah Fhima & Dev S. Gangjee, The Confusion Test in European Trade Mark Law (2019) A very helpful overview. From a US perspective, offers real insights into how a system of registration primacy differs from a system of use primacy. … Continue reading →

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