Category Archives: Uncategorized

Rogers still mostly works in 9th Circuit, despite Honey Badger’s best efforts

Posted on July 9, 2019 by rtushnet

Caiz v. Roberts, — F.Supp.3d —-, 2019 WL 1755421 (C.D. Cal. Apr. 17, 2019) In Gordon v. Drape Creative, 909 F.3d 257 (9th Cir. 2018), the Honey Badger case, the Ninth Circuit began a process that could make Rogers v. … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Amazon strictly liable for product defect but 230 preempts failure to warn claim

Posted on July 8, 2019 by rtushnet

Oberdorf v. Amazon.com Inc., No. 18-1041 (3d Cir. Jul. 3, 2019) Oberdorf was injured by a retractable dog leash “sold” by Amazon on behalf of a third-party vendor, who shipped the leash directly to Oberdorf. The district court found that, … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Warhol wins on fair use of photo (but should’ve won on substantial similarity)

Posted on July 5, 2019 by rtushnet

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 17-cv-2532 (JGK) (S.D.N.Y. Jul. 1, 2019) In some sense, this fair use case is a foregone conclusion; even the terrible Saderup decision made an exception for Andy Warhol, because … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Flange wars: material misrepresentations aren’t enough without causation

Posted on July 3, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 2723253 (S.D. Tex. Jun. 28, 2019) More flanges! Boltex alleged that defendants misrepresented that they “normalized” their flanges. Normalization is a heat treatment process that makes steel more … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Keurig unsuccessfully argues that false advertising law unconstitutionally compels speech

Posted on July 3, 2019 by rtushnet

Smith v. Keurig Green Mountain, Inc., No. 18-cv-06690-HSG, 2019 WL 2716552 (N.D. Cal. Jun. 28, 2019) Smith brought a putative class action against Keurig, alleging that its “recyclable” single-serve plastic coffee pods were mislabeled as such because they are not … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

good faith defense to false advertising may waive attorney/client privilege

Posted on July 3, 2019 by rtushnet

In re Keurig Green Mountain Single Serve Coffee Antitrust Litig., 2019 WL 2724269, No. 14 MD 2542 (VSB)(HBP) (S.D.N.Y. Jul. 1, 2019) In this antitrust claim, Keurig counterclaimed against plaintiff JBR for marketing its competing pods with allegedly false representations … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

dueling fake “independent” websites leads to unclean hands finding, but some injunctive relief

Posted on July 3, 2019 by rtushnet

Grasshopper House, LLC v. Clean & Sober Media LLC, 2019 WL 2762936, No. 18-cv-00923-SVW-RAO (C.D. Cal. Jul. 1, 2019) Previous discussion. A jury found in plaintiff Passages’ favor on its claims under the Lanham Act about false reviews of its … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Third Circuit requires showing irreparable harm in (c) case, rejects “compelled speech” argument

Posted on July 2, 2019 by rtushnet

TD Bank N.A. v. Hill, No. 16-2897 (3d Cir. Jul. 1, 2019) Commerce Bank, which merged with TD Bank, has been in a “bitter feud” with its former CEO, Vernon Hill II. TD Bank sued Hill, alleging that a portion … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

When is a photoshopped picture not false? when it’s basically accurate

Posted on July 2, 2019 by rtushnet

Louisiana-Pacific Co. v. James Hardie Building Products, Inc., No. 18-5913, — F.3d –, 2019 WL 2710225 (6th Cir. Jun. 28, 2019) Because termites, woodpeckers, and other pests may be able to damage engineered-wood building siding such as that which LP … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Court formulates survey question in consumer protection case

Posted on June 27, 2019 by rtushnet

Moorer v. Stemgenex Medical Group, Inc., No. 16-cv-2816-AJB-NLS, 2019 WL 2602536 (S.D. Cal. Jun. 25, 2019) This “complex and troubling case” involves allegedly false advertising of stem cell treatments; the court found it “narrowly” certifiable and—unusually—specified the consumer survey questions … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment