Category Archives: Uncategorized

Colorado labeling doesn’t dispel potential falsity of “Kona” for coffee

Posted on November 13, 2019 by rtushnet

Corker v. Costco Wholesale Corp., 2019 WL 5887340, No. C19-0290RSL (W.D. Wash. Nov. 12, 2019) Plaintiffs, coffee farmers in the Kona District of the Big Island of Hawaii, alleged that defendant Boyer’s falsely designates the geographic origin of its coffee … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

claims for ab exercise device going beyond FDA clearance are actionable

Posted on November 11, 2019 by rtushnet

Loomis v. Slendertone Distrib., Inc., 2019 WL 5790136, No. 3:19-cv-854 – MMA (KSC) (S.D. Cal. Nov. 6, 2019) Loomis brought the usual California claims based on ads for the Flex Belt, a purported ab-exercise device. While denying standing for injunctive … Continue reading →

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

nontestifying students are entitled to relief from for-profit’s false advertising

Posted on November 8, 2019 by rtushnet

State v. Minnesota School of Business, Inc., — N.W.2d —-, 2019 WL 5778078, No. A17-1740 (Minn. Nov. 6, 2019) How do you decide whether nontestifying members of a class have been harmed? A majority here, over two dissenting Justices, finds … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

pleading falsity can be done even with sophisticated consumers

Posted on November 6, 2019 by rtushnet

10x Genomics, Inc. v. Celsee, Inc., 2019 WL 5595666, No. 19-862-CFC-SRF (D. Del. Oct. 30, 2019) (magistrate) Skipping the patent parts.  “10x is a life sciences technology company that markets and sells its Chromium product line, which provides researchers with … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

multimillion-dollar verdict in false advertising case, but no fee shift

Posted on November 6, 2019 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., No. 17-CV-1400, 2019 WL 5684201 (S.D. Tex. Nov. 1, 2019) Previous coverage. A jury found in favor of plaintiffs Boltex and Weldbend on their flange-related false advertising claims.  The court noted that … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Lack of personal jurisdiction leads to fee award in (c)/false advertising case

Posted on October 31, 2019 by rtushnet

International Inst. of Management v. Organization for Econ. Cooperation & Development, No. 2:18-cv-01748-JCM-GWF, 2019 WL 5578485 (D. Nev. Oct. 29, 2019) Not gonna lie, I’m here for the defendants, the OECD and Joseph Stiglitz.   IIM, a small Nevada think tank, … Continue reading →

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

Trademark overprotection panel, Suffolk

Posted on October 30, 2019 by rtushnet

Second Annual Intellectual Property & Innovation Conference Suffolk University Law School NCSG The State of Trademark “Overprotection” by Courts and the PTO. What Happens When Institutions Overprotect Trademark Rights? Moderator: Leah Chan Grinvald, Associate Dean for Academic Affairs and Professor … Continue reading →

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

ThermoLife continues mixed record in pleading competitive injury from other supplements

Posted on October 29, 2019 by rtushnet

ThermoLife International LLC v. Compound Solutions Inc., No. CV-19-01473-PHX-SMM, 2019 WL 5448804 (D. Ariz. Jul. 30, 2019) ThermoLife develops “amino acid nitrates used in dietary supplements to increase vasodilation,” and alleged that vasodilators are “included in nearly every pre-workout product … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

DuraBlend leather-ish label not misleading

Posted on October 29, 2019 by rtushnet

Razo v. Ashley Furniture Indus., Inc., No. 17-56770, 2019 WL 5543849, — Fed.Appx. —- (9th Cir. Oct. 28, 2019) Ashley preserved its summary judgment win in this putative class action asserting the usual California claims against furniture with leather-ish components. … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment