Category Archives: Uncategorized

Insert scatological pun here: cities’ lawsuit over flushable wipes mostly continues

Posted on October 4, 2016 by rtushnet

City of Wyoming v. Procter & Gamble Co., 2016 WL 5496321, No. 15-2101 (D. Minn. Sept. 28, 2016) “Hygienic wipes labeled and sold as ‘flushable’ have caused and are continuing to cause increased costs and property damage to the governmental … Continue reading →

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Lumps in materiality survey fail to justify its exclusion

Posted on October 3, 2016 by rtushnet

Select Comfort Corp. v. Tempur Sealy Int’l, Inc., No. 13-2451, 2016 WL 5496340 (D. Minn. Sept. 28, 2016) The court resolves various motions surrounding expert testimony in this false advertising case about the effects of certain comparative claims on Select … Continue reading →

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Migration of false/misleading divide into consumer protection claims continues in infant formula class action

Posted on October 3, 2016 by rtushnet

Hasemann v. Gerber Prods. Co., 2016 WL 5477595, No. 15-CV-2995 (E.D.N.Y. Sept. 28, 2016) In this putative class action, the plaintiffs alleged that Gerber’s advertising and marketing misrepresented that its Good Start infant formula reduces the risk that infants will … Continue reading →

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Failure to disclose expiration date when existence of expiration is disclosed isn’t misleading

Posted on October 3, 2016 by rtushnet

Cline v. TouchTunes Music Corp., 2016 WL 5478432, No. 14 Civ. 4744 (S.D.N.Y. Sept. 29, 2016) A couple of general points from this state law class action over a music service: GBL Section 349 makes unlawful “[d]eceptive acts or practices … Continue reading →

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Failure to reevaluate at summary judgment leads to fee award in false advertising case

Posted on October 3, 2016 by rtushnet

Design Resources, Inc. v. Leather Indus., 2016 WL 5477611, No. 10CV157 (M.D.N.C. Sept. 29, 2016) After defendants Leather Industries (LIA) and Ashley Furniture prevailed in this false advertising case, they sought a fee award.  The Fourth Circuit applies the Octane … Continue reading →

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Right of publicity/passing off blast from the past

Posted on September 29, 2016 by rtushnet

From The Spirit of the Times, May 21, 1845 “Gen. Tom Thumb’s father brought suit in Paris, against the manager of a theatre, who announced a play called Tom Pouce, (Thumb,) while the General was exhibiting himself at another place. … Continue reading →

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when are state law unfair competition claims preempted?

Posted on September 29, 2016 by rtushnet

Duer v. Bensussen Deutsch & Associates, Inc., 2015 WL 11256568, No. 14-CV-01589 (N.D. Ga. Jul. 8, 2015) Very broad preemption finding makes me blog this older case that popped out of Westlaw.  Duer makes medicine dosage adherence tools suitable for … Continue reading →

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Parody product fails to squeak through the cracks in dilution/infringement claim

Posted on September 29, 2016 by rtushnet

VIP Products, LLC v. Jack Daniel’s Properties, Inc., No. 14-cv-02057 (D. Az. Sept. 27, 2016) The court denied VIP’s motion for summary judgment on its declaratory judgment action against JDPI, and also kicked out a number of VIP’s defenses, leaving … Continue reading →

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Texas and 3 other states sue to block ICANN transition

Posted on September 29, 2016 by rtushnet

Read the complaint.  Let me know if you can make sense of the theory. from Blogger http://ift.tt/2dp0AT4

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Ad featuring old, mild citations against health facility was false by necessary implication

Posted on September 29, 2016 by rtushnet

Heartland of Urbana OH, L.L.C. v. McHugh Fuller Law Group, P.L.L.C., 2016 WL 5375676, 2016 -Ohio- 6959, No. 2016–CA–3 (Ct. App. Sept. 23, 2016) Heartland appealed from summary judgment granted to McHugh in Heartland’s deceptive trade practices case against McHugh, … Continue reading →

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