Category Archives: procedure

Photoshopping competitor’s product as one’s own could be false advertising

Meggitt (Orange County), Inc. v. Nie, 2014 WL 5528546, No. SACV 13–0239 (C.D. Cal. Nov. 3, 2014) Note: the caption lists the defendant as Nie Yongzhong, and I’m following the rule that Chinese family names go first since he appears … Continue reading

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Pleading standards for false advertising

Cocona, Inc. v. Singtex Industrial Co., 2014 WL 5072730, Civil Action 14-cv-01593 (D. Colo. Oct. 9, 2014) Cocona created a process to use coconut particles in fabric, which is used for outdoor gear, to enhance odor control, moisture absorption, and … Continue reading

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Twiqbal kills consumer class action in 2d Circuit

DiMuro v. Clinique Laboratories, LLC, — Fed.Appx. —-, 2014 WL 3360586, No. 13–4551 (2d Cir. July 10, 2014) The Second Circuit quickly affirms the dismissal of a putative consumer class action based on Clinique’s marketing of seven different “Repairwear” cosmetics. … Continue reading

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Court applies Lexmark to TM case, in the alternative

Ahmed v. Hosting.com, 2014 WL 2925292, Nos. 13–13117, 14–10026 (D. Mass. June 27, 2014) This isn’t a difficult case, but it represents the first move towards applying Lexmark to §43(a) in its entirety.  Only time will tell whether this will … Continue reading

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No nominative fair use or dilution dismissals if plaintiff pleads the elements?

Valley Forge Military Academy Found. v. Valley Forge Old Guard, Inc., No. 09–2373, 2014 WL 2476115 (E.D. Pa. Jun. 2, 2014) Nominative fair use doesn’t have to work this badly, guys! Valley Forge Military Academy Foundation operates the Valley Forge … Continue reading

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Tough sledding: statements to industry-focused publication can be commercial speech

Skedco, Inc. v. ARC Products, LLC, 2014 WL 2465577, No. 3:13–CV–00696 (D. Or. Jun. 2, 2014) The parties compete in the market for emergency medical rescue equipment, and are suing over false advertising. Plaintiff’s Sked is “an evacuation sled system … Continue reading

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claim proceeds against allegedly scammy publishing company now owned by Penguin

James v. Penguin Group (USA) Inc., 2014 WL 1407697, No. 13 Civ. 2801 (S.D.N.Y. Apr. 11, 2014) Plaintiffs sued Penguin and Author Solutions, a Penguin company, for breach of contract, unjust enrichment, and violation of California, NY, and Colorado consumer … Continue reading

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