Category Archives: Uncategorized

Supplement ingredient supplier lacks Article III standing against supplement seller

ThermoLife International LLC v. American Fitness Wholesalers LLC, 2019 WL 3840988, No. CV-18-04189-PHX-JAT (D. Ariz. Aug. 15, 2019) Courts really, really like to call the Lexmark issue “standing.” Here, though, the court goes further by finding the noncompetitor plaintiff—who makes … Continue reading

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Reading list: Julie Cohen on internet exceptionalism’s failures

Julie E. Cohen, Internet Utopianism and the Practical Inevitability of Law, 18 Duke L. & Tech. Rev. 85 (2019) From the Introduction: Writing at the dawn of the digital era, John Perry Barlow proclaimed cyberspace to be a new domain … Continue reading

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Rogers question: could this art be explicitly misleading?

One reason that Gordon v. Drape Creative is so concerning is that it reads “explicit” to be something other than explicit–maybe a version of falsity by necessary implication, but one that wants to pose transformativeness as the thing that avoids explicit … Continue reading

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fake online review by competitor wasn’t advertising/promotion, 10th Circuit says

Wilson v. AdvisorLaw LLC, — Fed.Appx. —-, 2019 WL 3819604, No. 18-1441 (10th Cir. Aug. 15, 2019) Wilson, a lawyer, had a relationship with AdvisorLaw that ended badly in November 2016. Later that day, a “Patrick Erickson,” allegedly from New … Continue reading

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Reading list: once upon a time in student debt

Now that’s how to get people reading: Intergenerational Equity, Student Loan Debt, and Taxing Rich Dead People Victoria J. Haneman Creighton University – School of Law Once upon a time, there was a generation of indentured servants called Millennials. They … Continue reading

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a made-up credential implying a doctorate is inherently misleading

Wilson v. Ohio State Chiropractic Board, 2019 WL 3801546, No. 18AP-739, 2019 -Ohio- 3243 (Ct. App. Aug. 13, 2019) The Board disciplined Wilson for deceptive advertising, and the court of appeals upheld the discipline.  Two bits of interest: (1) Wilson … Continue reading

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Kellogg’s un-FDAMA-approved health claim was “unlawful” under UCL

Hadley v. Kellogg Sales Co., 2019 WL 3804661, No. 16-CV-04955-LHK (N.D. Cal. Aug. 13, 2019) An important reminder that California’s UCL makes “unlawful” conduct a violation even without separate consumer deception (although consumer belief may be important for damages causation).  … Continue reading

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