Category Archives: Uncategorized

T-Mobile is plausibly liable for acts of explicitly authorized dealers

Posted on April 16, 2020 by rtushnet

City of New York v. T-Mobile USA, Inc., 2020 WL 1498522, No. 451540/2019 (Sup. Ct. N.Y. Mar. 23, 2020) The City of New York and the New York City Department of Consumer Affairs (DCA) sued T-Mobile, its subsidiary MetroPCS New … Continue reading →

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A blueberry bagel that is mostly imitation blueberry is plausibly misleading

Posted on April 16, 2020 by rtushnet

Izquierdo v. Panera Bread Co., No. 18-CV-12127 (VSB), 2020 WL 1503557 (S.D.N.Y. Mar. 30, 2020) Panera sold a “blueberry bagel” that allegedly wasn’t.  [My father thinks that bagels with fruit etc. in them already aren’t bagels, but the allegation here … Continue reading →

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TheRealReal is ok except where it is FakeFake

Posted on April 16, 2020 by rtushnet

Chanel, Inc. v. The RealReal, Inc., 2020 WL 1503422, No. 18-CV-10626 (VSB) (S.D.N.Y. Mar. 30, 2020) Very interesting case: Chanel sued TRR for trademark infringement etc. for allegedly overclaiming its association with Chanel by prominently advertising how much Chanel there … Continue reading →

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grey goods: materiality is key

Posted on April 16, 2020 by rtushnet

Dentsply Sirona, Inc. v. Dental Brands For Less LLC, No. 15 Civ. 8775 (LGS), 2020 WL 1643891 (S.D.N.Y. Apr. 2, 2020) Trademark confusion is sometimes a normative conclusion, not an empirical one, even though the language surrounding it is empirical. … Continue reading →

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2d Circuit: no irreparable injury where website tracks clicks to buy

Posted on April 16, 2020 by rtushnet

Carson Optical, Inc. v. Alista Corp., No. 19-2509, — Fed.Appx. —-, 2020 WL 1683460 (Mem) (2d Cir. Apr. 7, 2020) Interesting—the Second Circuit approves the district court’s reasoning that online sales can be tracked perfectly, and thus financial harm from … Continue reading →

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“Maximum Strength” is plausibly misleading when cheaper Regular Strength has more active ingredient by volume

Posted on March 30, 2020 by rtushnet

Al Haj v. Pfizer Inc., 2019 WL 3202807, No. 17 C 6730 (N.D. Ill. Jul. 16, 2019) Al Haj alleged that Pfizer deceived consumers by charging more for “Maximum Strength” Robitussin cough syrup than for “Regular Strength” Robitussin even though … Continue reading →

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100% Pure Aloe can contain preservatives, stabilizers in the absence of evidence from consumers that they care

Posted on March 30, 2020 by rtushnet

Beardsall v. CVS Pharmacy, Inc., — F.3d —-, 2020 WL 1429214, No. 19-1850 (2d Cir. Mar. 24, 2020) The court explains: Plaintiffs brought state consumer deception claims [under 12 different states’ laws] against defendant Fruit of the Earth and its … Continue reading →

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antitrust claim based in part on false advertising in concentrated market survives

Posted on March 30, 2020 by rtushnet

Chase Manufacturing, Inc. v. Johns Manville Corp., 2020 WL 1433504, No. 19-cv-00872-MEH (D. Colo. Mar. 23, 2020) (magistrate) Chase sued JM for violations of the Lanham Act and the Sherman Act for tying and monopolization. JM sells construction products, including … Continue reading →

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230 protects anti-malware vendor against noncompetitors

Posted on March 30, 2020 by rtushnet

Asurvio LP v. Malwarebytes Inc., No. 5:18-cv-05409-EJD, 2020 WL 1478345 (N.D. Cal. Mar. 26, 2020) Despite unfavorable precedent, Malwarebytes secures dismissal of this Lanham Act false advertising (and common law disparagement/tortious interference/unfair competition/ violation of the Texas Theft Liability Act … Continue reading →

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“no soy protein” claim for dog food plausibly indicates no soy

Posted on March 23, 2020 by rtushnet

Rice-Sherman v. Big Heart Pet Brands, Inc., No. 19-cv-03613-WHO, 2020 WL 1245130 (N.D. Cal. Mar. 16, 2020) Plaintiffs alleged that Big Heart falsely markets its Grain Free Easy to Digest Salmon Sweet Potato & Pumpkin Recipe Dog Food as “Grain … Continue reading →

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