Category Archives: Uncategorized

failure to disclose vaping’s extra risks over smoking could be deceptive; no arbitration for Juul

Posted on August 28, 2019 by rtushnet

Colgate v. Juul Labs, Inc., 2019 WL 3997459, No. 18-cv-02499-WHO (N.D. Cal. Aug. 23, 2019) Juul makes e-cigarettes and nicotine cartridges/pods. “Plaintiffs seek to represent a nationwide class and numerous subclasses in claims for false advertising, fraud, unjust enrichment, several … Continue reading →

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Dastar bars Lanham Act claims against unauthorized copying of photo for album cover

Posted on August 27, 2019 by rtushnet

Patterson v. Diggs, No. 18-CV-03142 (NSR), 2019 WL 3996493 (S.D.N.Y. Aug. 23, 2019) Patterson is “an internationally known photographer” who took photos of “a nickel-silver casing created by nonparty Moroccan company Yahya Creation” without a written contract and without being … Continue reading →

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conventional pharmacy achieves limited relief against marijuana dispensary

Posted on August 27, 2019 by rtushnet

White Hall Pharmacy LLC v. Doctor’s Orders RX Inc, No. 19-cv-00366-KGB, 2019 WL 3939357 (E.D. Ark. Aug. 20, 2019) In this cannabis case, the court granted a preliminary injunction against a dispensary.  White Hall operates two pharmacies under the trade … Continue reading →

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Rogers question of the day, Grand Theft edition

Posted on August 27, 2019 by rtushnet

Is an escape room sufficiently like a video game that we would expect a finding of explicit misleadingness (assuming that an escape room is an expressive enough experience, like a play in which the audience is invited to participate, for … Continue reading →

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first sale doesn’t cover hardware w/embedded licensed software, but maybe Cisco misrepresented whether a license existed

Posted on August 26, 2019 by rtushnet

Cisco Systems, Inc. v. Beccela’s Etc., LLC, 2019 WL 3944986, No. 18-cv-00477-BLF (N.D. Cal. Aug. 21, 2019) Cisco offers various supports for its networking products, including a warranty program (from 90 days to lifetime) and a “more comprehensive suite of … Continue reading →

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proof of lost market share needs something extra to be irreparable harm

Posted on August 26, 2019 by rtushnet

BioTE Medical, LLC v. Jacobsen, 2019 WL 3943166, No. 18-cv-866 (E.D. Tex. Aug. 21, 2019) “BioTE provides hormone replacement therapy … through a method called Pellet Therapy,” using an allegedly custom and proprietary formula using “bio-identical and natural ingredients that … Continue reading →

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District court makes up a new, worse test for TM claims against noncommercial speech

Posted on August 26, 2019 by rtushnet

Stouffer v. Nat’l Geographic Partners, LLC, 2019 WL 3935180, No. 18-cv-3127-WJM-SKC (D. Colo. Aug. 20, 2019) Stouffer, who (with his coplaintiff production company and his brother, who is not a plaintiff) produced the Wild America nature documentary series, sued National … Continue reading →

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self-granted star ratings were textbook puffery where claimed features were general

Posted on August 26, 2019 by rtushnet

Knowles v. Arris International PLC, No. 17-CV-01834-LHK, 2019 WL 3934781 (N.D. Cal. Aug. 20, 2019) Plaintiffs brought a class action based on Arris’s alleged failure to disclose defects with its SB6190 cable modem. After the court certified a California class, … Continue reading →

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timeshare company adequately pleads case against timeshare exit promoter

Posted on August 23, 2019 by rtushnet

Wyndham Vacation Ownership v. Reed Hein & Assoc., LLC, No. 18-cv-02171-GAP-DCI, 2019 WL 3934468 (M.D. Fla. Aug. 20, 2019) This is another lawsuit over timeshare exit companies’ allegedly false advertising of the ease of exiting a timeshare. Defendant TET allegedly … Continue reading →

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failure to disprove other possible sources of sales defeats irreparable harm in false ad/patent case

Posted on August 23, 2019 by rtushnet

Citrix Systems, Inc. v. Workspot, Inc., 2019 WL 3858602, No. 18-588-LPS (D. Del. Aug. 16, 2019) Citrix sued Workspot for patent infringement as well as false advertising/unfair competition under the Lanham Act, the Delaware Deceptive Trade Practices Act, and common … Continue reading →

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