Author Archives: rtushnet

Pandemic ski resort closures allow both contract and advertising claims

Posted on September 3, 2021 by rtushnet

Goodrich v. Alterra Mountain Co., 2021 WL 2633326, No. 20-cv-01057-RM-SKC (D. Colo. Jun. 25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. “Plaintiffs purchased Ikon ski passes for the 2019-20 ski … Continue reading →

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competition in the market of ideas isn’t commercial competition

Posted on September 3, 2021 by rtushnet

Children’s Health Defense v. Facebook Inc., 2021 WL 2662064, No. 20-cv-05787-SI (N.D. Cal. Jun. 29, 2021) CHD, an anti-vaccination group (that also considers pesticides and wireless tech dangerous), sued Facebook and other defendants for violating the First and Fifth Amendments, … Continue reading →

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Amazon pulls further ahead of possible competitors in TM secondary liability wars

Posted on September 3, 2021 by rtushnet

Ohio State Univ. v. Redbubble, Inc., No. 19-3388 (6th Cir. Feb. 25, 2021) “Because Amazon’s marketplace operates as a neutral intermediary between consumers and third-party vendors, courts have typically not found it liable for trademark-infringing goods sold through its platform.” … Continue reading →

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Homeopathy claims weren’t unfair in the absence of proven falsity

Posted on September 3, 2021 by rtushnet

Allen v. Hyland’s, Inc., 2021 WL 718295, No. CV 12-1150-DMG (MANx) (C.D. Cal. Feb. 23, 2021) This class action, about whether certain homeopathic products didn’t perform as indicated on the packaging, went to a jury trial that ended in Hyland’s … Continue reading →

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Rogers test protects name of online news publication

Posted on September 2, 2021 by rtushnet

Punchbowl, Inc. v. AJ Press LLC, — F.Supp.3d —-, 2021 WL 3356848, No. 21-cv-03010-SVW-MAR (C.D. Cal. Jul. 16, 2021) This Rogers case about the name of an online publication involves a motion to dismiss that was converted to a motion … Continue reading →

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failure to allege comparative performance dooms falsity claim

Posted on September 2, 2021 by rtushnet

Ruiz v. Owlet Baby Care, Inc., 2021 WL 3370259, No. 2:19-cv-00252 (D. Utah Aug. 3, 2021) A proposed class action against Owlet’s Smart Sock pulse oximeter sought to cure earlier defects by alleging that other pulse oximeters were used differently … Continue reading →

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“ethical” fur sourcing claims not puffery

Posted on September 2, 2021 by rtushnet

Lee v. Canada Goose US, Inc., 2021 WL 2665955, No. 20 Civ. 9809 (VM) (S.D.N.Y. Jun. 29, 2021) Lee sued Canada Goose alleging misrepresentations about the methods used to procure coyote fur for certain Canada Goose jackets: “The Canada Goose … Continue reading →

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Defendant’s survey too flawed to avoid class certification in “rapid release” case

Posted on September 2, 2021 by rtushnet

Bailey v. Rite Aid Corp., 338 F.R.D. 390, 2021 WL 1668003, No.. 4:18-cv-06926 YGR (N.D. Cal. Apr. 28, 2021) Bailey brought claims over Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps as “rapid release.” Studies allegedly show that “traditional, non-rapid release acetaminophen … Continue reading →

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LinkedIn dodges UCL claims because big businesses aren’t covered plaintiffs

Posted on September 1, 2021 by rtushnet

Topdevz, LLC v. LinkedIn Corp., 2021 WL 3373914, No. 20-cv-08324-SVK (N.D. Cal. Aug. 3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in … Continue reading →

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failure to disclose environmental risks in MTBE data sheets not actionable

Posted on September 1, 2021 by rtushnet

In re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litig., 2021 WL 3371938, No. 1:00-1898, MDL 1358, No. 14 Civ. 6228 (VSB) (S.D.N.Y. Aug. 3, 2021)This MDL litigation centers on contamination—actual or threatened—of groundwater from various defendants’ use of the … Continue reading →

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