Category Archives: Uncategorized

Variation in supplement bottle contents defeats consumer protection claim

Posted on April 2, 2019 by rtushnet

Gaminde v. Lang Pharma Nutrition, Inc., 2019 WL 1338724, No. 18-cv-300 (GLS/DEP) (N.D.N.Y. Mar. 25, 2019) Gaminde alleged that CVS Krill Oil contains only approximately sixty percent of the 300mg of Omega-3 Krill Oil represented by the label, citing “independent … Continue reading →

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NY false food labeling law still exists despite being old

Posted on April 2, 2019 by rtushnet

Warner v. StarKist Co., 2019 WL 1332573, No. 18-cv-406 (GLS/ATB) (N.D.N.Y. Mar. 25, 2019) Warner survived a motion to dismiss his claims for deceptive practices, false advertising, dealing in misbranded food, and unjust enrichment, under New York law, based on … Continue reading →

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Fifth Circuit upholds denial of disgorgement despite willfulness & some sales diversion

Posted on April 2, 2019 by rtushnet

Retractable Technologies, Incorporated v. Becton Dickinson & Co., — F.3d —-, 2019 WL 1346002, No. 17-40960 (5th Cir. Mar. 26, 2019) “A jury found that Becton Dickinson & Co. falsely advertised its products for years. The district court determined that … Continue reading →

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smells bad? 9th Circuit approves tuna voucher settlement as not a coupon settlement

Posted on April 1, 2019 by rtushnet

Hendricks v. Ference, 754 Fed.Appx. 510 (9th Cir. 2018) Objectors appealed the approval of a class action settlement over the alleged under-filling of Starkist tuna cans; over a partial dissent, the court of appeals affirmed. In particular, the court affirmed … Continue reading →

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Oklahoma’s Indian arts & crafts consumer protection law preempted by federal law

Posted on April 1, 2019 by rtushnet

Fontenot v. Hunter, No. CIV-16-1339-G  (W.D. Okla. Mar. 28, 2019) Oklahoma’s American Indian Arts and Crafts Sales Act of 1974 was amended in 2016 to exclude from its definition of “American Indian” all persons but citizens or enrolled members of … Continue reading →

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Bad argument of the day: potential registration should count as (R) because opposer is accused infringer

Posted on April 1, 2019 by rtushnet

Herman Miller, Inc. v. Blumenthal Distributing, Inc., 2019 WL 1416472, No. LA CV17-04279 JAK (SPx) (C.D. Cal. Mar. 3, 2019) Lots of stuff going on here.  Herman Miller sued Blumenthal for infringing on the trade dress of one of its … Continue reading →

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making claims against counsel’s advice could be willful for disgorgement remedy

Posted on April 1, 2019 by rtushnet

Dependable Sales & Service, Inc. v. Truecar, Inc., No. 15-cv-1742 (PKC), 2019 WL 1407440 (S.D.N.Y. Mar. 27, 2019) “Plaintiffs are 108 new-car dealerships located throughout the United States.”  TrueCar is a lead generator: online, it puts consumers in contact with … Continue reading →

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claim to cure addiction can be false advertising, as can hidden bias

Posted on March 25, 2019 by rtushnet

Grasshopper House, LLC v. Clean and Sober Media LLC, 2018 WL 6133710, No. 18-cv-00923-SVW-RAO (C.D. Cal. Oct. 18, 2018) This is a dispute about addiction treatment. Counterclaim plaintiff Cliffside alleged that counterdefendant Passages violated the Lanham Act (1) by maintaining … Continue reading →

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Amazon case shows profound difference between DMCA safe harbor & 230 immunity

Posted on March 22, 2019 by rtushnet

Kangaroo Mfg. Inc. v. Amazon.com Inc., No. CV-17-01806-PHX-SPL, 2019 WL 1280945 (D. Ariz. Mar. 20, 2019) The Amazon Chronicles often asks “what is Amazon?”  An interesting question to build a law school course around might be “what can Amazon do?”  … Continue reading →

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failure to show damages from literal falsity still allowed injunctive relief

Posted on March 21, 2019 by rtushnet

Nutrition Distribution LLC v. IronMag Labs, LLC, No. CV 15-8233-R, 2018 WL 6264986 (C.D. Cal. Nov. 16, 2018( “This is a false advertising case between two competitors in the business of selling fitness supplements.” IronMag allegedly unlawfully marketed its products … Continue reading →

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