Category Archives: Uncategorized

competitor lacks standing under Cal. law because it didn’t rely on alleged misrepresentations; its customers did

Posted on May 27, 2026 by rtushnet

Kachuck Enters. v. Mission Produce, Inc., — F.Supp.3d —-, 2026 WL 216475, No. 2:25-cv-01523-AH-JCx (C.D. Cal. Jan. 22, 2026) This was a putative class action about alleged misrepresentations made by distributors and suppliers of Mexican-grown avocados that their avocados are … Continue reading →

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despite some skepticism, court mostly allows adtech vendor’s disparagement claims against competitor to proceed

Posted on May 27, 2026 by rtushnet

Double Verify Holdings, Inc. v. Adalytics Research, LLC, No. 25-1535-TDC, 2026 WL 1133411 (D. Md. Apr. 27, 2026) DoubleVerify is in the business of “helping brands, agencies, and publishers verify that their digital advertising investments are delivered as intended.” Its … Continue reading →

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9th Circuit reverses dismissal where plaintiff plausibly alleges that an ingredient is non-natural flavoring

Posted on May 26, 2026 by rtushnet

Trammell v. KLN Enterprises, Inc., No. 24-6097 (9th Cir. May 15, 2026) Perfect summary: The defendant company in this case represented to consumers that its berry snacks product contained no artificial flavors. The plaintiff bought the product believing the representation … Continue reading →

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Reminder: Penn/NYU/Harvard Trademark and Unfair Competition Scholarship Roundtable 2026: submit by June 1

Posted on May 26, 2026 by rtushnet

Penn/NYU/Harvard Trademark and Unfair Competition Scholarship Roundtable 2026 The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at NYU. Now in its fifth year, the Roundtable is designed … Continue reading →

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mix-and-match ad campaign actionable but “instant whitening” claims were mere puffery

Posted on May 26, 2026 by rtushnet

Ledesma v. Hismile, Inc., 2026 WL 1146742, No. 24-cv-03626-KAW (N.D. Cal. Apr. 28, 2026) Previously. Here, the plaintiffs provide enough allegations about the challenged teeth-whitening ad campaign to satisfy the court as to Rule 9 in the context of algorithmically … Continue reading →

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Costco’s “free shipping” claims plausibly deceptive if online price is raised to account for shipping

Posted on May 26, 2026 by rtushnet

Zaimi v. Costco Wholesale Corp., 2026 WL 1145798, No. 2:25-cv-01076-JHC (W.D. Wash. Apr. 28, 2026) The court refused to dismiss statutory and common-law claims related to price differences between items that Costco sells online and in-store: online, Costco charges more … Continue reading →

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slack fill claims proceed because protein powder is harder to understand than cookies

Posted on May 25, 2026 by rtushnet

Cody v. Gainful Health Inc., 2026 WL 1428888, No. EDCV 25-01373-KK-SPx (C.D. Cal. May 19, 2026) Gainful sells protein powder nutritional supplement products; plaintiff alleged unlawful slack fill. Cody bought a “28 Servings” package that “included two pouches or bags,” … Continue reading →

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contract, 230, and lack of specificity defeat “chat scam” claims against OnlyFans

Posted on May 25, 2026 by rtushnet

N.Z. v. Fenix Int’l Ltd., 2026 WL 1425183, No. 8:24-cv-01655-FWS-SSC (C.D. Cal. May 19, 2026) Plaintiffs sued OnlyFans (Fenix) and other entities who manage OnlyFans models based on allegations that they concealed the fact that plaintiffs weren’t authentically chatting with … Continue reading →

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CFP: Ninth Junior Faculty Forum on Law and STEM

Posted on May 23, 2026 by rtushnet

Call for Papers Ninth Junior Faculty Forum on Law and STEM   Stanford Law School, November 6-7, 2026   The Northwestern, Penn, and Stanford law schools are pleased to announce a Call for Papers for the Ninth Junior Faculty Forum … Continue reading →

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Lanham Act requires less in the way of injury from competitors than California FAL/UCL

Posted on May 22, 2026 by rtushnet

Eight Sleep Inc. v. Orion Longevity Inc., 2026 WL 1243359, No. 2:26-cv-02460-SB-KS (C.D. Cal. May 4, 2026) Eight Sleep “developed and patented the Eight Sleep Pod, a ‘bio-tracking mattress cover’ that optimizes sleep by using biometric measurements to automatically adjust … Continue reading →

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