Category Archives: remedies

False claims of third-party endorsement actionable as false advertising

Fringe Insurance Benefits, Inc. v. Beneco, Inc., No. A–13–CV–034, 2015 WL 631181 (W.D. Tex. Feb. 11, 2015) (magistrate judge)   The parties compete to provide employee benefit plans; FIBI and Beneco specialize in fringe benefit services to government contractors who … Continue reading

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Pom squad at the DC Circuit

POM Wonderful, LLC v. Federal Trade Comm’n, No. 13-1060 (D.C. Cir. Jan. 30, 2015)   POM ran ads from 2003 to 2010 touting medical studies that supposedly showed that daily consumption of POM products could “treat, prevent, or reduce the … Continue reading

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No standing for injunction-only class

Graiser v. Visionworks of America, 2015 WL 248003, No. 1:14–CV–01641 (N.D. Ohio Jan. 20, 2015)   Graiser sought an injunction on behalf of a putative class based on his false advertising claims, which alleged that Visionworks’s buy one get one … Continue reading

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irreparable harm is permissible inference, Third Circuit rules

Groupe SEB USA, Inc. v. Euro-Pro Operating LLC., No. 14-2767 (3d Cir. Dec. 17, 2014) District court opinion discussed here.  Euro-Pro appealed the preliminary injunction against it based on Lanham Act false advertising claims against its advertising for its steam … Continue reading

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ABA teleconference on irreparable harm in Lanham Act false advertising cases

I’ll be participating in this teleconference, 12 pm EST on December 12.  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Prior class settlement precludes state from seeking restitution for false advertising

California v. IntelliGender, LLC, — F.3d —, No. 13–56806, 2014 WL 5786718 (9th Cir. Nov. 7, 2014) The 9th Circuit held that a CAFA-compliant settlement precluded the People of the State of California, acting through their representatives (here San Diego’s … Continue reading

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Not the NAD: court won’t stop plaintiff from publicizing preliminary injunction

Homeland Housewares, LLC v. Euro-Pro Operating LLC, No. 14-cv-03954 (C.D. Cal. Sept. 10, 2014) Euro-Pro sought to keep Homeland from publicizing the court’s preliminary injunction against it (granted on Lanham Act false advertising grounds). Shortly after the preliminary injunction issued, … Continue reading

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"German Quality" could mislead as to German origin

Marty v. Anheuser-Busch Companies, LLC, — F. Supp. 2d —-, 2014 WL 4388415, No. 13–23656 (S.D. Fla. Sept. 5, 2014) (magistrate judge) AB brews Beck’s Beer, which originated from and was brewed in Germany from 1873 until 2012 when AB … Continue reading

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"strictest industry standards" can be false when performance is bad enough

Muhler Company, Inc. v. Window World of N. Charleston LLC, 2014 WL 4269078, No. 2:11–cv–00851 (D.S.C. Aug. 28, 2014) This is a default judgment.  The parties compete to supply and install replacement windows in Charleston County, South Carolina, and in … Continue reading

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Presumed irreparable: 3d Circuit applies eBay to all Lanham Act claims

Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc., — F.3d —-, 2014 WL 4194094, No. 13–2290 (3d Cir. Aug. 26, 2014) This case had an INTA amicus brief making the trademark bar’s strongest arguments for Lanham Act exceptionalism, which here means … Continue reading

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