Category Archives: consumer protection

False establishment claims not actionable under consumer protection law

Aloudi v. Intramedic Research Group, LLC, 2015 WL 4148381, No. 15-cv-00882 (N.D. Cal. Jul. 9, 2015)   Aloudi brought the usual California/warranty claims against IRG for its claims about its JavaSLIM product, a “green coffee bean extract weight loss formula.” … Continue reading

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Amicus seeking rehearing in In re GNC

Brian Wolfman and I just filed this amicus on behalf of law professors seeking rehearing in the In re GNC case, which badly misunderstood literal falsity.

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And his fate is still unlearn’d: Subway overcharge claim fails

Hollander v. Metropolitan Transp. Authority, 2015 N.Y. Slip Op. 50991(U), 2015 WL 4077193, No. 160972/13 (Sup. Ct. June 25, 2015)   Hollander sued the MTA on behalf of purchasers of 7–Day and 30–Day MetroCards, alleging they were falsely advertised because … Continue reading

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Trademark scholars roundtable: the consumer in different contexts

Session 3:  The Consumer in Different Trade Mark Contexts Do the questions that we have looked at in the first two sessions vary in different trademark and adjacent contexts? Is assessment of the reaction of the average consumer in trade … Continue reading

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Fourth Circuit destroys literal falsity

In re GNC Corp., — F.3d –, 2015 WL 3798174 (4thCir. June 19, 2015)   Well, this is a terrible opinion that makes no sense.  In the Fourth Circuit, if reasonable experts disagree, it’s now impossible for one to be … Continue reading

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Trademark scholars roundtable: roles for the consumer in TM

Seventh Trademark Scholars Roundtable: The Construction of the Consumer in Trade Mark Law   Session 1: Roles for the Consumer in Trade Mark Law What role does the “consumer” (whether “average” or “reasonable” or otherwise) play in trade mark law? … Continue reading

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Ninth Circuit rejects class certification because ads differed

Cabral v. Supple LLC, — Fed.Appx. —-, 2015 WL 3855142, No. 13–55943 (9th Cir. June 23, 2015)   The court of appeals vacated the certification of a class of purchasers of a dietary supplement. The certified class was “[a]ll persons … Continue reading

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