Author Archives: rtushnet

Court rejects “buy button” false advertising claim because consumer hasn’t yet lost access to “purchased” content

Posted on October 25, 2021 by rtushnet

Caudel v. Amazon.com, 2021 WL 4819602, No. 20-cv-00848-KJM-KJN (E.D. Cal. Oct. 15, 2021) Disagreeing with a case against Apple, the court here concludes that Amazon’s “buy” option that doesn’t give consumers ownership does not harm consumers who haven’t (yet) lost … Continue reading →

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Puzzlingly calling a venue name a “title,” court nonetheless rejects claim against MTV show

Posted on October 25, 2021 by rtushnet

MGFB Properties, Inc. v. ViacomCBS INC., 2021 WL 4843905, NO. 5:19cv257-RH-MJF (N.D. Fla. Sept. 22, 2021) The Flora-Bama lounge and entertainment complext is “regionally famous,” and MTV created a national TV series, MTV Floribama Shore. The district court granted summary … Continue reading →

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“virologist developed” etc. plausibly implies disease prevention

Posted on October 25, 2021 by rtushnet

Corbett v. PharmaCare U.S., Inc., 2021 WL 4866124, No. 21cv137-GPC(AGS) (S.D. Cal. Oct. 19, 2021) This is a putative class action for violations of consumer fraud statutes in the sale of Sambucol, a dietary supplement that contains a “proprietary extract” … Continue reading →

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Tiffany blues

Posted on October 19, 2021 by rtushnet

 Today’s swag for use in class, Stuart Semple’s Tiff (or is it Tiff—?): packaging from Blogger https://ift.tt/3vpXx6r

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Trump loses motion to dismiss Electric Avenue case on fair use grounds

Posted on October 13, 2021 by rtushnet

Grant v. Trump, No. 20-cv-7103 (JGK) (S.D.N.Y. Sept. 28, 2021) Eddy Grant sued Trump and his campaign for retweeting a pro-Trump video that used Grant’s famous “Electric Avenue” without authorization. Although the motion to dismiss was far better argued than … Continue reading →

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over dissent, 9th Cir. denies injury presumption to false advertising claimant

Posted on October 12, 2021 by rtushnet

Quidel Corp. v. Siemens Medical Solutions USA, Inc., 2021 WL 4622504, No. 20-55933, No. 3:16-cv-03059-BAS-AGS (9th Cir. Oct. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. … Continue reading →

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if it’s on the label, courts can presume consumers saw it

Posted on October 12, 2021 by rtushnet

Bailey v. Rite Aid Corp., 2021 WL 4469638, No. 4:18-cv-06926 YGR (N.D. Cal. May 26, 2021) Rite Aid moved to reconsider a previous ruling denying a motion to dismiss Bailey’s claim against Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps … Continue reading →

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defendant moots claim by ending activity in a way that would require gov’t consent to restart

Posted on October 12, 2021 by rtushnet

Snarr v. HRB Tax Gp., Inc., 2021 WL 4499416, No. 19-cv-03610-SK (N.D. Cal. Aug. 24, 2021) Snarr alleged that HRB violated the usual California statutes by creating a “bait and switch” program to lure customers into paying for defendants’ services … Continue reading →

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challenging defendant’s clinical proof claim is falsity, not lack of substantiation

Posted on October 12, 2021 by rtushnet

Woodard v. Labrada, 2021 WL 4499184, No. EDCV 16-189 JGB (SPx) (C.D. Cal. Aug. 31, 2021) Woodard brought the usual California claims and some others, including NY claims, against Labrada for its weight loss products. Some tidbits: Labrada argues that … Continue reading →

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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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