Category Archives: Uncategorized

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

law firm raises significant 1A questions over nursing home-specific advertising law

Posted on June 27, 2019 by rtushnet

Wilkes & McHugh, P.A. v. LTC Consulting, L.P., — S.E.2d —-, 2019 WL 2570982 (Ga. Jun. 24, 2019) Georgia revised its anti-SLAPP law to be more like California’s (though apparently without the exception for commercial advertising) and the state supreme … Continue reading →

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

failure to show causation dooms duelling flange false advertising claims

Posted on June 26, 2019 by rtushnet

Boltex Mf’g Co. v. Galperti, Inc., 2019 WL 2568338, No. H-17-1439 (S.D. Tex. Jun. 21, 2019) This is a false advertising and unfair competition case about normalization, “a costly heat treatment process that changes the physical composition of carbon steel … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

The probiotic worm turns: previous PI loser wins $15 million in Lanham Act case

Posted on June 26, 2019 by rtushnet

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2019 WL 2569574 (D. Md. Jun. 20, 2019) Previous discussions.  The parties compete in offering a probiotic product; De Simone used to license his formulation to VSL, then went out on his … Continue reading →

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

The Supreme Court and the Tone Argument (Iancu v. Brunetti)

Posted on June 25, 2019 by rtushnet

Iancu v. Brunetti, No. 18–302, 588 U.S. — (Jun. 24, 2019) Unlike in Tam, we get an opinion for the Court (and unanimity that the bar on registering “immoral” marks is unconstitutionally viewpoint-based), which manages to find consensus by (1) … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

lack of specifics, even with certification involved, dooms falsity claim

Posted on June 20, 2019 by rtushnet

Hydro-Blok USA LLC v. Wedi Corp., 2019 WL 2515318, No. C15-671 TSZ (W.D. Wash. Jun. 18, 2019) Wedi and Hydro-Blok compete in the market for construction materials and sealants for use in bathroom systems, including showers. Wedi accused Hydro-Blok of … Continue reading →

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

variety in superiority claims can add up to disparagement

Posted on June 20, 2019 by rtushnet

Deerpoint Group, Inc. v. Agrigenix, LLC, 2019 WL 2513756, No. 18-CV-0536 AWI BAM (E.D. Cal. Jun. 18, 2019) Deerpoint sued Agrigenix for violating the Lanham Act and California’s UCL via false advertising, violating California and federal trade secret law, and … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment