Category Archives: remedies

Presumption of injury saves Lanham Act monetary award

Posted on August 5, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — Fed.Appx. —-, 2015 WL 4591924, Nos. 14–1119, 14–1121 (10th Cir. July 31, 2015)   Chumley formerly worked for General Steel, then founded Armstrong after an unfriendly parting.  The parties compete to sell … Continue reading →

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Clearblue’s pregnancy test gets the blues: recall ordered for false advertising

Posted on July 6, 2015 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, 2015 WL 4002468, No. 14–CV–585 (S.D.N.Y. July 1, 2015)   A good old-fashioned false advertising case about pregnancy tests!  Prior opinion, refusing to dismiss the claims as preempted in light … Continue reading →

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Apples-to-oranges comparison is literally false, justifies finding of irreparable harm

Posted on June 16, 2015 by rtushnet

Market Track, LLC v. Efficient Collaborative Retail Marketing, LLC, 2015 WL 3637740, No. 14 C 4957 (N.D. Ill. June 11, 2015)   Market Track provides business intelligence services, principally tracking and analyzing information relating to consumer advertising. ECRM is Market … Continue reading →

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Lanham Act injunctive relief available without proof of injury

Posted on April 20, 2015 by rtushnet

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 1735517, No. C10–861 (W.D. Wash. Apr. 15, 2015)   This is another round of an “extensive” lawsuit between the parties, who compete to sell yarn. Relevant here are Cascade’s claims against … Continue reading →

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Restitution available for false discounts even if goods were ok

Posted on April 9, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015)   Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting … Continue reading →

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ANA conference: litigating Lanham Act damages

Posted on April 3, 2015 by rtushnet

Litigating Damages Claims In Lanham Act False Advertising Cases   Alexander Kaplan, Partner, Proskauer Rose LLP: Case law on damages can be tricky/inconsistencies between circuits.  What’s recoverable?  1117(a): D’s profits; damages sustained by P; costs of action.  Statute doesn’t prevent … Continue reading →

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The market for lemon smoothies: injunctive class settlement certified

Posted on March 23, 2015 by rtushnet

Lilly v. Jamba Juice Co., 2015 WL 1248027, No. 13-cv-02998 (N.D. Cal. Mar. 18, 2015)   This preliminary approval for a settlement contains the most extensive analysis I’ve seen of the “deceived consumers do have standing for injunctive relief in … Continue reading →

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Past falsity is no guarantee of present results

Posted on March 11, 2015 by rtushnet

Dyson, Inc. v. Euro-Pro Operating LLC, No. 14-cv-09442 (N.D. Ill. Mar. 10, 2015)   I’m going to try to go light on the details of the tests here, featuring evaluations of vacuums’ carpet cleaning power.  Bottom line: while Dyson brought … Continue reading →

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Irreparable harm webinar tomorrow

Posted on March 5, 2015 by rtushnet

Please click on the link below to register for a timely lunchtime teleseminar where our panel of experts will address the status of “irreparable harm” in Lanham Act false advertising cases.   Recent cases have suggested that courts no longer … Continue reading →

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Irreparable harm teleseminar: rescheduled for March 6

Posted on February 25, 2015 by rtushnet

Via the ABA Antitrust Section: Please click on the link below to register for a timely lunchtime teleseminar where our panel of experts will address the status of “irreparable harm” in Lanham Act false advertising cases.   Recent cases have … Continue reading →

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