Category Archives: california

stricter California rule on Made in USA claims not preempted

Posted on November 7, 2014 by rtushnet

Paz v. AG Adriano Goldschmeid, Inc., No. 14cv1372, 2014 WL 5561024 (S.D. Cal. Oct. 27, 2014) Paz sued AG, alleging that its “The Protégé” brand jeans were misleadingly marked with a “Made in the U.S.A.” label; he allegedly relied on … Continue reading →

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Why do competitors get to challenge claims that consumers don’t?

Posted on November 3, 2014 by rtushnet

I have a political economy explanation for this, but I don’t think that’s good enough.  Challenging a “tests prove” claim—explicit or implicit—in Lanham Act cases means showing that the tests don’t prove the proposition for which they are cited.  This … Continue reading →

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"we can do anything" ToS might be unconscionable, providing remedy for loss of music

Posted on November 3, 2014 by rtushnet

MacKinnon v. IMVU, Inc., No. H039236  (Cal. Ct. App. Oct. 30, 2014) MacKinnon sued IMVU, which runs an entertainment service, the “instant messaging virtual universe,” alleging that IMVU deceived users about music purchases and wrongfully restricted users’ ability to play … Continue reading →

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Case against allegedly contaminated jerky treats proceeds

Posted on October 29, 2014 by rtushnet

In re Milo’s Dog Treats Consolidated Cases, 9 F.Supp.3d 523 (W.D. Pa. 2014) The court adopted the magistrate judge’s recommendation to grant defendants’ motion to dismiss unjust enrichment claims, but to deny the motion as to the consumer protection and … Continue reading →

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Whole Foods’ not wholly natural foods are ok

Posted on October 27, 2014 by rtushnet

Gedalia v. Whole Foods Market Services, Inc., 2014 WL 5315030,  No. 4:13–CV–3517 (S.D. Tex. Sept. 30, 2014) Gedalia sued on behalf of a putative class of people who bought Whole Foods’s private-label 365 Organic and 365 Everyday Value products allegedly … Continue reading →

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The highs are too high: overdraft claims against HSBC continue in part

Posted on October 15, 2014 by rtushnet

In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., 1 F.Supp.3d 34 (E.D.N.Y. 2014) This case involves more of the charming practice of low-to-high charge posting, causing consumers to rack up numerous $35 overdraft charges in a single … Continue reading →

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Advertising dysfunction: claim against male sexual enhancement pill proceeds

Posted on September 25, 2014 by rtushnet

Dorsey v. Rockhard Laboratories, LLC, 2014 WL 4678969, No. CV 13–07557 (C.D. Cal. Sept. 19, 2014)   Dorsey sued over Rockhard Weekend (RHW), “a male sexual enhancement product,” primarily promoted by labeling on the packaging. The chemical formulation and packaging … Continue reading →

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Ascertain this: All Natural liability class certified

Posted on September 24, 2014 by rtushnet

Lilly v. Jamba Juice Company, No. 13-cv-02998, 2014 WL 4652283 (N.D. Cal. Sept. 18, 2014) Earlier Jamba Juice proceeding.  Plaintiffs moved to certify a California class of purchasers of certain frozen Jamba Juice Smoothie Kit products using “All Natural” prominently … Continue reading →

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Gratuitous promises: Uber class action continues

Posted on September 19, 2014 by rtushnet

Ehret v. Uber Technologies, Inc., No. C-14-0113 (N.D. Cal. Sept. 17, 2014)  Ehret’s putative nationwide class action alleged that Uber customers had been charged a 20% fee above the metered fare for each ride, misrepresented as a “gratuity” automatically added … Continue reading →

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Dastar and design patent

Posted on September 12, 2014 by rtushnet

Deckers Outdoor Corp. v. J.C. Penney Co., No. 2:14-cv-02565 (C.D. Cal. Sept. 8, 2014) This is going to sound bigger than it is: the court grants JCP’s motion to dismiss a false designation of origin claim under Dastar because JCP, … Continue reading →

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