Author Archives: rtushnet

pandemic refund claim plausibly alleged

Posted on September 29, 2021 by rtushnet

Rothman v. Equinox Holdings, Inc., 2021 WL 1627490, No. 2:20-cv-09760-CAS-MRWx (C.D. Cal. Apr. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a … Continue reading →

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“natural” claims still going strong; scientific testing not required in pleading

Posted on September 29, 2021 by rtushnet

Barton v. Pret A Manger (USA) Ltd., — F.Supp.3d —-, 2021 WL 1664319 1:20-cv-04815 GHW (S.D.N.Y. Apr. 27, 2021) Plaintiff plausibly alleged that the references to “natural ingredients” and “natural food” on defendant’s products’ packaging were likely to lead a … Continue reading →

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MLM on MLM action: tortious interference, trade secret, but not false advertising

Posted on September 29, 2021 by rtushnet

It Works Marketing, Inc. v. Melaleuca, Inc., 2021 WL 1650266, No. 8:20-cv-1743-T-KKM-TGW (M.D. Fla. Apr. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for … Continue reading →

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CA prohibition of insurance coverage for certain consumer protection cases is constitutional

Posted on September 29, 2021 by rtushnet

Adir Int’l, LLC v. Starr Indemnity & Liability Co., 994 F.3d 1032 (9th Cir. Apr. 15, 2021) California’s AG sued Adir for violating state consumer protection laws based on conduct at its retail stores that allegedly exploited its mainly low-income, … Continue reading →

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falsely advertising “proprietary” and “exclusive” material isn’t actionable under Dastar

Posted on September 28, 2021 by rtushnet

Crocs, Inc. v. Effervescent, Inc., 2021 WL 4170997, No. 06-cv-00605-PAB-KMT, No. 16-cv-02004-PAB-KMT (D. Colo. Sept. 14, 2021) Dawgs alleged that Crocs falsely marketed its shoes in violation of the Lanham Act by advertising Croslite, the foam material that Crocs shoes … Continue reading →

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both being on an app store and not being on an app store make confusion likely

Posted on September 28, 2021 by rtushnet

Reflex Media, Inc. v. Luxy Ltd., 2021 WL 4134839, No. 2:20-cv-00423-RGK-KS (C.D. Cal. Jul. 13, 2021) Eric Goldman has highlighted the toxic assumptions about sex workers and their clients that the court tosses off in its likely confusion analysis. Potential … Continue reading →

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TM claimant may add false advertising claims as direct competitor

Posted on September 28, 2021 by rtushnet

Entrepreneur Media, Inc. v. Roach, 2021 WL 4134836, No. 8:20-cv-01690-JVS-AD (C.D. Cal. Jul. 1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Entrepreneur has 15 federal registrations that … Continue reading →

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TM complainant fails to sink its teeth into unrelated false advertising claims

Posted on September 28, 2021 by rtushnet

Vampire Family Brands, LLC v. MPL Brands, Inc., No. CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. Cal. Aug. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive … Continue reading →

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“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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