Author Archives: rtushnet

industry group’s safety/risk/legality claims were plausibly false or misleading

Posted on August 18, 2021 by rtushnet

Pharmacychecker.Com, LLC v. National Ass’n of Boards of Pharmacy, 2021 WL 1199363, — F. Supp. 3d –, No. 19-CV-7577 (KMK) (S.D.N.Y. Mar. 30, 2021) Plaintiff “offers an accreditation program for pharmacies and provides drug price comparison information.” Unlike its competitors, … Continue reading →

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Vegan butter wins again

Posted on August 18, 2021 by rtushnet

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 10, 2021) Preliminary injunction discussed here; now it’s summary judgment time. The state is allowed to regulate “hormone free” on Miyoko’s “vegan butter,” but Miyoko’s is allowed to use the words/phrases … Continue reading →

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malt “cocktails” with no wine or spirits were plausibly misleading

Posted on August 17, 2021 by rtushnet

Cooper v. Anheuser-Busch, LLC, 2021 WL 3501203, No. 20-CV-7451 (KMK) (S.D.N.Y. Aug. 9, 2021) Plaintiffs alleged that the labels on the “Ritas” line of beverages (Lime-A-Rita Sparkling Margaritas, Sangria Spritz Sparkling Sangria Cocktail and Rosé Spritz Sparkling Rosé Cocktail, and … Continue reading →

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Bank had no duty to disclose limits to PPP loan applicants

Posted on August 17, 2021 by rtushnet

Elizabeth M. Byrnes, Inc. v. Fountainhead Commercial Capital, LLC, 2021 WL 3501518, No. CV 20-04149 DDP (RAOx) (C.D. Cal. Aug. 6, 2021) The CARES Act, among other things, established the Paycheck Protection Program, a $349 billion loan program through which … Continue reading →

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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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