Author Archives: rtushnet

Models’ false endorsement claims fail for want of recognition, bad survey

Posted on August 17, 2021 by rtushnet

Souza v. Exotic Island Enterprises, Inc., No. 18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. Aug. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. As this case shows, … Continue reading →

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data breaches can lead to a potpourri of claims

Posted on August 17, 2021 by rtushnet

In re Blackbaud, Inc., Customer Data Breach Litig., No. 3:20-mn-02972-JMC, MDL No. 2972, 2021 WL 3568394 (D.S.C. Aug. 12, 2021) Query whether this kind of case will come out differently as TransUnion v. Ramirez gets further assimilated into the law. … Continue reading →

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Non-alphanumeric logo isn’t CMI

Posted on August 16, 2021 by rtushnet

CoStar Group, Inc. v. Commercial Real Estate Exchange Inc., No. CV 20-8819 CBM(ASx), 2021 WL 3566415 (C.D. Cal. Jun. 9, 2021) CoStar owns a number of digital marketplaces containing listings of real estate for sale and for lease. Its LoopNet … Continue reading →

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reasonable consumers of manuka honey know its price and grading scheme

Posted on August 16, 2021 by rtushnet

Moore v. Trader Joe’s Co., 4 F.4th 874 (9th Cir. 2021) Trader Joe’s markets its store brand Manuka honey as “100% New Zealand Manuka Honey” or “New Zealand Manuka Honey,” but Moore alleged that because Trader Joe’s Manuka Honey actually … Continue reading →

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Claims that timeshare exit services are legal and effective were not puffery

Posted on August 16, 2021 by rtushnet

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2021 WL 3552175, No. 20-24681-Civ-Scola (S.D. Fla. Aug. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to … Continue reading →

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Alleging sponsorship/endorsement confusion can’t defeat clear nominative fair use

Posted on August 16, 2021 by rtushnet

Pasadena Tournament of Roses Ass’n v. City of Pasadena, 2021 WL 3553499, No. 2:21-CV-01051-AB-JEMx (C.D. Cal. Jul. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s … Continue reading →

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Illinois unfairness claims against opioid marketers continue

Posted on August 13, 2021 by rtushnet

City of Chicago v. Purdue Pharma L.P., No. 14 CV 4361, 2021 WL 1208971 (N.D. Ill. Mar. 31, 2021) Chicago alleged unfair and deceptive misconduct in multiple defendants’ marketing, commercializing, and promoting their opioid products. (Perdue is first in the … Continue reading →

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reasonable consumer isn’t required to interpret ingredient list for naturalness

Posted on August 13, 2021 by rtushnet

Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, No. 20-cv-09077-JSW,  2021 WL 3524047 (N.D. Cal. Aug. 6, 2021) Moore alleged that GSK falsely labeled certain ChapStick products with the claims “100% Natural,” “Natural,” “Naturally Sourced Ingredients,” and “100% Naturally Sourced … Continue reading →

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IPSC: Remedies and Creativity

Posted on August 12, 2021 by rtushnet

Panel 24 – Remedies: Thomas F. Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Ramirez—FCRA case where D allegedly failed to use reasonable care and people were falsely identified as potential terrorists; sought statutory damages, but most … Continue reading →

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Lexmark applies to false endorsement, defeats noncelebrity claim (for now)

Posted on August 12, 2021 by rtushnet

Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C. Mar. 30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor … Continue reading →

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