Category Archives: Uncategorized

erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce

Ranalli v. Etsy.com, 2021 WL 5166568, No. 21-88 (W.D. Pa. Nov. 5, 2021) Ranalli brought this putative class action for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) and the Pennsylvania Fair Credit Extension Uniformity Act … Continue reading

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I can’t believe it’s not butter—because the label said it was all butter

Boswell v. Bimbo Bakeries USA, Inc., 2021 WL 5144552, No. 20-CV-8923 (JMF) (S.D.N.Y. Nov. 4, 2021) Boswell sued on the theory that the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the cake contains not only butter, but … Continue reading

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Another pandemic university fees claim fails

Yodice v. Touro College, 2021 WL 5140058, No. 21cv2026 (DLC) (S.D.N.Y. Nov. 4, 2021) It’s now been long enough that there are a couple of cases finding potentially valid claims based on Covid closures, but this is not one of … Continue reading

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Dastar bars some claims about “patented” statements but related superiority statements are still at issue

BPI Sports, LLC v. ThermoLife Int’l, LLC, 2021 WL 4972975, No. 19-60505-CIV-SMITH (S.D. Fla. Jul. 27, 2021) BPI sued ThermoLife for violations of the Lanham Act, 15 U.S.C. § 1125(a), common law unfair competition, and false patent marking. ThermoLife’s Muscle … Continue reading

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policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive

Shuman v. SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D. Cal. Nov. 3, 2021) SquareTrade sells service contracts for the protection of consumer goods. Shuman alleged that it consistently fails to provide consumers with the full terms and conditions of … Continue reading

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Small company successfully pleads materiality/damage against Microsoft

TocMail Inc. v. Microsoft Corp., 2021 WL 5084182, No. 20-60416-CIV-CANNON/Hunt (S.D. Fla. Jul. 16, 2021) Previous ruling; new judge still finds the false advertising claims sufficiently pled. TocMail sued Microsoft for false advertising of its cloud-based cybersecurity software, Safe Links, … Continue reading

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Classmates.com, the right of publicity, and copyright preemption

Callahan v. PeopleConnect, Inc., 2021 WL 5050079, No. 20-cv-09203-EMC (N.D. Cal. Nov. 1, 2021) Plaintiffs in this putative class action alleged that PeopleConnect misappropriated their names, photographs, and likenesses and used the same in advertising its products and services, “including … Continue reading

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facially plausible false advertising claim can be added to TM complaint

In case you’re looking for a roadmap for leave to amend:  Ideavillage Products Corp. v. Copper Compression Brands LLC, 2021 WL 5013799, No. 20 Civ. 4604 (KPF) (S.D.N.Y. Oct. 27, 2021) Ideavillage sued CCB for trademark infringement and false designation … Continue reading

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Lanham Act willfulness satisfies Bankruptcy Act willful/malicious standard

In re Better Than Logs, Inc., 631 B.R. 670, No. 20-20160-BPH (D. Mont. Jun. 11, 2021) A rare bankruptcy/false advertising interaction. Creditor Everlog sued BTL for patent infringement and false advertising; BTL ultimately defaulted and Everlog was awared nearly $1 … Continue reading

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Seen in NYC: the Twix bar that isn’t.

 Yum. “A shortbread cookie topped with a layer of caramel, a layer of chocolate ganache, dipped in dark chocolate and drizzled with white chocolate.” from Blogger https://ift.tt/3jGn1Yt

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