Category Archives: Uncategorized

Does the Lanham Act cover a campaign to get a particular job?

Healthcare Integrity, LLC v. Rehoboth McKinley Christian Health Care Servs., Inc., 2021 WL 4129248, Civ. No. 20-750 KG/LF (D.N.M. Sept. 9, 2021) Plaintiffs, a healthcare management company and its individual owner  alleged that a group of medical providers at RMCHCS … Continue reading

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“recyclable” could be deceptive where local recycling isn’t widespread

Downing v. Keurig Green Mountain, Inc., 2021 WL 2403811, No. 1:20-cv-11673-IT (D. Mass. Jun. 11, 2021) Keurig allegedly deceptively advertised its plastic single-serving pods as recyclable when those pods were not recyclable according to federal regulations. Keurig allegedly released pods … Continue reading

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Lost profits aren’t restitution for California UCL purposes

Lee v. Luxottica Retail North America, Inc., — Cal.Rptr.3d —-, 2021 WL 2451109, A157657 (Ct. App. Jun. 16, 2021) Lee, on behalf of a putative class of California optometrists with independent optometry practices, brought suit against a competing chain of … Continue reading

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handful of bad Amazon reviews make Energizer’s false advertising claims plausible

Energizer, LLC v. MTA Trading, Inc., 2021 WL 2453394, No. 20-CV-1583 (MKB) (E.D.N.Y. Jun. 16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by … Continue reading

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independent contractors as agents in creating fake reviews

RingCentral, Inc. v. Nextiva, Inc., 2021 WL 2476879, No. 19-cv-02626-NC (N.D. Cal. Jun. 17, 2021) The parties are cloud-based communications companies. RingCentral offers voice, virtual private branch exchange, audio and video conferencing, messaging, contact center collaboration, SMS, online meetings, contact … Continue reading

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TM infringement and false advertising claims related to putative open source software “fork” succeed

Neo4j, Inc. v. PureThink, LLC, 2021 WL 2483778, No. 5:18-cv-07182-EJD (N.D. Cal. May 18, 2021) Neo4j specializes in graph database management systems. “Neo4j USA’s platform helps organizations make sense of their data by revealing how people, processes and digital systems … Continue reading

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individualized smear campaign wasn’t plausibly commercial advertising or promotion

Meredith Lodging LLC v. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 2546273 (D. Or. Jun. 21, 2021) The parties compete to manage vacation rental properties located in Oregon. Meredith alleged that Vacasa “has embarked on a smear campaign surgically targeted at … Continue reading

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AAA’s expansion to home security derailed by trademark

AAA Alarm & Security Inc. v. A3 Smart Home LP, 2021 WL 3857417, No. CV-21-00321-PHX-GMS (D. Ariz. Aug. 30, 2021) Another expansion case, like the ones Uber has had. AAA Alarm began in 1985, serving over 8000 customers across Arizona … Continue reading

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9th Circuit: desire to purchase properly labeled product is too abstract for injunctive relief standing

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 20-15742 (9th Cir. Aug. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. The district court certified a class … Continue reading

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two “kills 99.9% of germs” cases, divergent results

Mier v. CVS Pharmacy, Inc., 2021 WL 1559367, No. SA CV 20-01979-DOC-ADS (C.D. Cal. Mar. 22, 2021) Another pandemic case, this one alleging that CVS’s Advanced Formula Hand Sanitizer misleads consumers by representing that it kills 99.99% of germs. The … Continue reading

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