Category Archives: Uncategorized

allegedly false generic claims not actionable, but contributory liability possible

Posted on March 20, 2017 by rtushnet

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading →

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allegedly false generic claims not actionable, but contributory liability possible

Posted on March 20, 2017 by rtushnet

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading →

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Bud Light Lime-a-Rita not deceptive despite not being so light after all

Posted on March 20, 2017 by rtushnet

Cruz v. Anheuser-Busch Cos., LLC, No. 15-56021, — Fed.Appx. —-, 2017 WL 1019084 (9th Cir. Mar. 16, 2017) Cruz sued Anheuser-Busch for the usual California claims, alleging that the labels on cartons containing cans of “Rita” malt beverages, including Lime-a-Rita, … Continue reading →

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Keyword ad case based on failure to disclose connections fails

Posted on March 20, 2017 by rtushnet

Novation Ventures, LLC v. J.G. Wentworth Co., LLC, 2016 WL 6821110,  No. CV 15-00954 BRO (C.D. Cal. Feb. 1, 2016) Novation factors structured settlements: it buys the right to receive scheduled future payments from settlement recipients who do not wish … Continue reading →

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Blast from the past: another keyword ad case where TM won’t work

Posted on March 17, 2017 by rtushnet

Int’l Payment Servs., LLC v. Cardpaymentoptions.com, Inc., NO. 2:14-cv-02604, 2015 WL 12656280 (C.D. Cal. Jun. 5, 2015) Old decision, popped up in Westclip.  Plaintiff has a registration for ELITEPAY GLOBAL for its merchant payment solutions equipment, services and training business … Continue reading →

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All in the game: misleading tennis racquet endorsements don’t support class certification

Posted on March 17, 2017 by rtushnet

Ono v. Head Racquet Sports USA, Inc., No. CV 13–4222, 2016 WL 6647949 (C.D. Cal. Mar. 8, 2016)| Ono sued Head for deceiving the public “into believing that top-ranked professional tennis players actually used [Tour–Line Racquets] during competition,” bringing the … Continue reading →

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Slingbox’s addition of ads wasn’t deceptive

Posted on March 17, 2017 by rtushnet

In re Sling Media Slingbox Advertising Litig., 202 F. Supp. 3d 352 (S.D.N.Y. 2016) Plaintiffs sued Sling under California law, and in the alternative under the consumer-protection laws of forty-seven other jurisdictions, including under New York General Business Law § … Continue reading →

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failure to caption music/songs doesn’t make “close captioned” label misleading

Posted on March 16, 2017 by rtushnet

Anthony v. Buena Vista Home Entertainment Inc., 2016 WL 6836950, No. 2:15–cv–09593 (C.D. Cal. Sept. 28, 2016) Plaintiffs, who are deaf or hard of hearing, alleged that defendants sold (1) DVDs enclosed in packaging with language advertising the DVDs as … Continue reading →

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Not with a bang but with a fastener

Posted on March 15, 2017 by rtushnet

B&B Hardware, Inc. v. Hargis Indus., Inc., — F. Supp. 3d —-, 2017 WL 957548 (E.D. Ark. Feb. 16, 2016) I mentioned this development a while back, but it’s now getting into the federal reporter, which is good so that … Continue reading →

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Seen around town

Posted on March 13, 2017 by rtushnet

Sufficient alteration + disclaimer to avoid trouble for this former BP franchisee? “This is not BP Gas,” above covered-over BP star Krackjack biscuits–any trouble from Cracker Jack if you import these from India?  Does it matter that other versions of the … Continue reading →

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