Category Archives: standing

Connecticut lawyer can’t bring unfair competition claim against California lawyer

Posted on February 18, 2014 by rtushnet

Shehu, LLC v. Adams, 2014 WL 567832, CV136017710S (Conn. Super. Ct. Jan. 17, 2014) Plaintiffs (a Connecticut lawyer and his firm) sued Adams and his firm, both located in California.  In 2012, Adams emailed Shehu, LLC and two employees of … Continue reading →

Posted in consumer protection, standing, unfairness | Leave a comment

Grand Theft Auto online delay not actionable

Posted on February 3, 2014 by rtushnet

McMahon v. Take–Two Interactive Software, Inc., No. EDCV 13–02032, 2014 WL 324008 (C.D. Cal. Jan. 29, 2014) Plaintiffs brought the usual California claims based on plaintiff’s advertisements for Grand Theft Auto Vvideogame as including an online multiplayer component, even though … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Insurer’s Lanham Act claim against broker proceeds through necessary implication theory

Posted on February 3, 2014 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., No. 12–05610, 2014 WL 317179 (D.N.J. Jan. 28, 2014) Plaintiff NJ PURE sued defendants for false advertising under the Lanham Act, libel, slander, and violations of the NJ Insurance … Continue reading →

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Sony data breach case stripped down but not gone

Posted on January 31, 2014 by rtushnet

In re Sony Gaming Networks And Customer Data Security Breach Litigation, No. 11md2258, 2014 WL 223677 (S.D. Cal. Jan. 21, 2014) Venkat Balasubramani’s take.  These consolidated cases arose from a criminal intrusion into Sony’s online gaming system. Plaintiffs alleged that … Continue reading →

Posted in california, consumer protection, contracts, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Bumble Bee pushes the envelope, finds lawsuit inside

Posted on January 7, 2014 by rtushnet

Ogden v. Bumble Bee Foods, LLC, No. 12-CV-01828, 2014 WL 27527 (N.D. Cal. Jan. 2, 2014) I’m trying to do less food claim blogging, but I noted this case because of the summary judgment submissions, which contain interesting evidence about … Continue reading →

Posted in california, fda, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

"Natural" plus green imagery not puffery for diapers and wipes

Posted on December 17, 2013 by rtushnet

Jou v. Kimberly-Clark Corp., No. C-13-03075, 2013 WL 6491158 (N.D. Cal. Dec. 10, 2013) (magistrate judge) Plaintiffs brought the usual California claims and claims under Wisconsin law based on the “green” marketing of Huggies “pure & natural” diapers and “Natural … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Learned intermediary doctrine doesn’t bar claim at pleading stage

Posted on December 9, 2013 by rtushnet

Saavedra v. Eli Lilly and Co., 2013 WL 6345442, No. 2:12–cv–9366 (C.D. Cal. Feb. 26, 2013) Plaintiffs brought a putative class action under the consumer protection laws of California, Massachusetts, Missouri, and New York, and Saavedra also brought individual causes … Continue reading →

Posted in class actions, consumer protection, fda, http://schemas.google.com/blogger/2008/kind#post, preemption, standing | Leave a comment

competitor can challenge allegedly confusing use of certifier’s TM

Posted on December 6, 2013 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., 2013 WL 6234598, No. RDB–12–2568 (D. Md. Nov. 13, 2013) I’m only discussing the Lanham Act claims, but there are many other claims in this case.  First Data and SecurityMetrics generally sit … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, standing, trademark | Leave a comment

software is a "good" but California claims still fail

Posted on December 6, 2013 by rtushnet

Haskins v. Symantec Corporation, 2013 WL 6234610, No. 13-cv-01834-JST  (N.D. Cal. Dec. 2, 2013) In 2006, hackers infiltrated Symantec’s network and stole the source code used in the 2006 versions of its antivirus etc. products. Symantec allegedly knew this, but … Continue reading →

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AU’s post-argument panel on Lexmark v. Static Control

Posted on December 4, 2013 by rtushnet

Oral argument transcript here: Most of the questions seemed to me more favorable to Static Control, though Kennedy said almost nothing. Steven B. Loy – Stoll Keenon Ogden PLLC, representing Lexmark Lexmark makes printers and cartridges: position is that primary … Continue reading →

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