Category Archives: Uncategorized

DuraBlend leather-ish label not misleading

Razo v. Ashley Furniture Indus., Inc., No. 17-56770, 2019 WL 5543849, — Fed.Appx. —- (9th Cir. Oct. 28, 2019) Ashley preserved its summary judgment win in this putative class action asserting the usual California claims against furniture with leather-ish components. … Continue reading

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implied claims of FDA approval actionable under Lanham Act

Kurin, Inc. v. Magnolia Medical Technologies, Inc., 2019 WL 5422931, No.: 3:18-cv-1060-L-LL (S.D. Cal. Oct. 23, 2019) Kurin developed the Kurin Lock, a “specimen diversion device that reduces the risk of blood culture contamination and associated false positive blood culture … Continue reading

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it’s hard to frame the right cause of action for Amazon seller-on-seller misbehavior

Factory Direct Wholesale, LLC v. iTouchless Housewares & Products, Inc., 2019 WL 5423450, No. 19-CV-01228-LHK (N.D. Cal. Oct. 23, 2019) The parties compete to sell stuff on Amazon. They agreed to the Amazon Seller Agreement, which requires the seller to … Continue reading

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Creating a Facebook page for a rival and leaving fake reviews for them is a bad idea

We often tell students that one risk of bringing a false advertising claim, as a competitor, is that there might be counterclaims if you don’t have your own house in order. Here, the plaintiff fails to give enough specifics of … Continue reading

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law firm blog about somebody else’s case isn’t commercial speech

Wexler v. Dorsey & Whitney, LLP, — F.Supp.3d —-, 2019 WL 5485265, No. 18-CV-3066-SJB (E.D.N.Y. Oct. 25, 2019) Eric Goldman’s coverage. Wexler, a lawyer proceeding pro se, sued Dorsey (a law firm that does defendant-side Telephone & Consumer Protection Act … Continue reading

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Heart of darkness: hedonic regression damages model allows certification in flushable wipes case

Kurtz v. Kimberly-Clark Corp., — F.Supp.3d —-, 2019 WL 5483510, Nos. 14-CV-1142, 14-CV-4090 (E.D.N.Y. Oct. 25, 2019) Here, the consumer class action concerns allegedly false advertising of “flushable” wipes that have generated municipal lawsuits around the country. After remand to … Continue reading

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company claiming rights in “overhead doors” makes little headway against challenger

OGD Equipment Co. v. Overhead Door Corp., No. 17-cv-00898-ALM-KPJ, 2019 WL 5390589 (E.D. Tex. Jul. 15, 2019) This is the magistrate judge’s R&R, subsequently adopted by the court. OGD is a Texas “residential and commercial door repair and installation company” … Continue reading

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