Category Archives: Uncategorized

ex-employees with new company trigger false advertising dispute (and submarine patent invalidity argument)

Posted on September 9, 2019 by rtushnet

AlterG, Inc. v. Boost Treadmills LLC, 2019 WL 4221599, No. 18-cv-07568-EMC (N.D. Cal. Sept. 5, 2019) The wildest allegation here involves former AlterG employees (who founded defendant Boost), one of whom allegedly got a journalist to write an article disclosing … Continue reading →

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even more corn syrup

Posted on September 6, 2019 by rtushnet

MillerCoors, LLC v. Anheuser-Busch Cos., No. 19-cv-218-wmc (W.D. Wisc. Sept. 4, 2019) My discussion of the prior opinion, in which the court preliminarily enjoined AB from suggesting that corn syrup is in Miller Lite and Coors Light, “including emphasizing that … Continue reading →

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Even more cocaine

Posted on September 6, 2019 by rtushnet

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 4168958, No. 18-cv-07603-WHO (N.D. Cal. Sept. 3, 2019) Pleading survey evidence of misleadingness can be pretty helpful, but it can’t help you past theories that target the wrong defendant. Discussion of … Continue reading →

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Does Rogers v. Grimaldi apply to false advertising claims?

Posted on September 4, 2019 by rtushnet

Dickinson v. Ryan Seacrest Enterprises, Inc., No. CV 18-2544-GW(JPRx), 2019 WL 3035090 (C.D. Cal. Mar. 26, 2019) This dispute over alleged supermodel Janice Dickinson’s appearance in a reality show is going up to the 9th Circuit.  Here, the district court … Continue reading →

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fine print won’t necessarily fix misleading comparison

Posted on September 4, 2019 by rtushnet

Asurion, LLC v. SquareTrade, Inc., 2019 WL 4142154, No. 18-cv-01306 (M.D. Tenn. Aug. 30, 2019) The parties compete to provide extended warranties for mobile phones. Typically, wireless carriers bundle Asurion’s insurance with an extended warranty and technical support and sell … Continue reading →

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benefit of the bargain damages can be measured by cost of repair in car class action

Posted on August 29, 2019 by rtushnet

Nguyen v. Nissan North America, Inc., 932 F.3d 811 (9th Cir. 2019) Nguyen bought a new 2012 Nissan 370Z with an allegedly potentially catastrophic design defect hidden in the vehicle’s hydraulic clutch system. “After the clutch purportedly malfunctioned—and Plaintiff spent … Continue reading →

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When is a sale worth $100,000? court is generous to real estate brokerage ad

Posted on August 28, 2019 by rtushnet

At World Properties, LLC v. Baird & Warner Real Estate, Inc., 2019 WL 4034636, No. 18-cv-01973 (N.D. Ill. Aug. 27, 2019) B&W and plaintiff @properties are real estate brokerage companies serving Chicago and the surrounding area. B&W advertised its accomplishments … Continue reading →

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district court ignores Empire, decides that Rogers doesn’t cover nonfiction

Posted on August 28, 2019 by rtushnet

IOW, LLC v. Breus, No. CV18-1649-PHX-DGC, 2019 WL 4010737 (D. Ariz. Aug. 26, 2019) Every time I think I’ve seen it all …. Here, the court decides that Rogers doesn’t apply if the challenged book title isn’t itself “expressive,” which … Continue reading →

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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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