Category Archives: Uncategorized

state consumer protection law gives competitor plaintiff more leeway than Lanham Act, court holds

Posted on September 5, 2023 by rtushnet

SME Steel Contractors, Inc. v. Seismic Bracing Company, LLC, — F.Supp.3d —-, 2023 WL 4463246, No. 2:17-cv-00702-RJS-DAO (D. Utah Jul. 11, 2023) The parties compete in the design of buckling-restrained braces, which are structural devices that help buildings withstand seismic … Continue reading →

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AMG Capital didn’t change monetary remedies for civil contempt

Posted on September 5, 2023 by rtushnet

Federal Trade Commission v. National Urological Group, Inc., 2023 WL 5541756 No. 21-14161, — F.4th —- (11th Cir. Aug. 29, 2023) Nearly 20 years ago, the FTC sued appellants, alleging they had misrepresented their weight-loss products to consumers. The district … Continue reading →

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court certifies “C+Collagen” class even if consumers don’t know that all collagen is from animals

Posted on September 5, 2023 by rtushnet

Gunaratna v. Dennis Gross Cosmetology LLC, No. CV 20-2311-MWF (GJSx), 2023 WL 5505052 (C.D. Cal. Apr. 4, 2023) Previously, the court denied a motion to dismiss plaintiffs’ claim that “C + Collagen” was misleading because defendant’s product had no collagen. … Continue reading →

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are state rules limiting class actions in consumer protection cases procedural or substantive?

Posted on September 5, 2023 by rtushnet

Jones v. Varsity Brands, LLC, 2023 WL 5662590, No. 2:20-cv-02892-SHL-tmp (W.D. Tenn. Aug. 31, 2023) Varsity is a “prominent host of competitive cheerleading competitions and camps,” aka a monopolist. I’m just going to focus on the consumer protection-related claims, because … Continue reading →

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Free Speech Challenges to the Inflation Reduction Act

Posted on August 29, 2023 by rtushnet

 With Sean Tu, at JAMA. Given how short the piece had to be, we had to cut out some other examples, but the claim is still a good example of the metastasizing First Amendment. from Blogger http://tushnet.blogspot.com/2023/08/free-speech-challenges-to-inflation.html

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Online contracts, government website edition

Posted on August 25, 2023 by rtushnet

 The terms of service for this state site are interesting. Query what happens when they’re barred by the law of another state (I see no forum selection clause) or by copyright misuse. And given the specific reference to “coffee table … Continue reading →

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Seen at the Capital Jewish Museum

Posted on August 24, 2023 by rtushnet

 Fundraising brochure, Jewish Community Center of Northern Virginia 1989: “You should invest in community property” with Monopoly theme: from Blogger http://tushnet.blogspot.com/2023/08/seen-at-capital-jewish-museum.html

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“Face” sunscreen 2x as expensive as regular plausibly misleading when formula was the same

Posted on August 8, 2023 by rtushnet

Akes v. Beiersdorf, Inc., 2023 WL 5000434, No. 3:22-cv-869 (JBA) (D. Conn. Aug. 4, 2023) Akes brought the usual California claims/unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce bottle of Coppertone Sport Mineral sunscreen as … Continue reading →

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Paul Mitchell plausibly not “cruelty free” because of entry into market requiring animal testing

Posted on August 7, 2023 by rtushnet

Heagney v. John Paul Mitchell Sys., 2023 WL 4947974, No. 23-cv-00687-VC (N.D. Cal. Aug. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” The plaintiffs say … Continue reading →

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What can experts testify to in Lanham Act cases? Not the law or regulations

Posted on August 7, 2023 by rtushnet

GOLO, LLC v. Goli Nutrition Inc., 2023 WL 4952576, No. 20-667-RGA (D. Del. Aug. 3, 2023) Potentially interesting pretrial rulings in this false advertising/TM case: Goli’s motion to exclude the testimony of Dr. Jerry Wind was granted in part to … Continue reading →

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