Category Archives: Uncategorized

sitting by designation, Judge Bibas says there’s no de minimis exception to Lanham Act false advertising

Posted on December 9, 2025 by rtushnet

Montway LLC v. Navi Transport Services LLC, — F.Supp.3d —-, 2025 WL 3151403, No. 25-cv-00381-SB (D. Del. Nov. 11, 2025) Judge Bibas either likes sitting by designation or is willing to take one for the team; here’s another of his … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

paying a late-disclosed “drip pricing” fee suffices as injury under Cal’s new law

Posted on December 8, 2025 by rtushnet

Chowning v. Tyler Tech., Inc., 2025 WL 3496690, No. 4:25-CV-04009-YGR (N.D. Cal. Dec. 5, 2025) One of the first “drip pricing” cases I’ve seen under California’s new law, which the court reads to enable certain claims over and above previous … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Lack of evidence on lost goodwill leads to remittitur (but also proposed doubling of lost profits)

Posted on December 5, 2025 by rtushnet

Sterilite Corp. v. Olivet International, Inc., No. 1:22-cv-10327-JEK, 2025 WL 3460553 (D. Mass. Dec. 2, 2025) A jury awarded Sterilite $11 million in damages for Olivet’s willful infringement of the trade dress in Sterilite’s storage cabinets and drawers: $2,656,711 in … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

thorough opinion allows CT’s greenwashing claims against Exxon to proceed

Posted on December 5, 2025 by rtushnet

State v. Exxon Mobil Corp., 2025 WL 3459468, No. HHDCV206132568S (Conn. Super. Ct. Nov. 26, 2025) The court allows greenwashing claims against Exxon to proceed under the Connecticut Unfair Trade Practices Act (CUTPA). The state alleged a decades-long “systematic campaign … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

wrongfully claiming Amazon ASIN might be false advertising, even with foreign TM rights

Posted on December 5, 2025 by rtushnet

Best Glide Aviation Survival Equipment, Inc. v. Tag-Z, LLC, No. 1-23-cv-1080-DAE, 2025 WL 3454210 (W.D. Tex. Aug. 20, 2025) This case involves an alleged abuse of Amazon’s system to keep out legitimate competitors. Amazon is so big it can help … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“abortion pill reversal” proponents engaged in noncommercial speech, 2d Circuit agrees for PI purposes

Posted on December 5, 2025 by rtushnet

National Institute of Family and Life Advocates v. James, — F.4th —-, 2025 WL 3439256, No. 24-2481-cv (2d Cir. Dec. 1, 2025) Unlike the similar California proceeding, the district court in NY granted a preliminary injunction against enforcement of consumer … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

“ambiguity” in consumer protection cases is something different from “ambiguity” in Lanham Act cases: the case of “Naturally Derived”

Posted on December 1, 2025 by rtushnet

Kent v. Conopco, Inc., 2025 WL 3296002, No. 25-cv-03660-JCS (N.D. Cal. Nov. 26, 2025) The court allows a claim against “Naturally Derived” personal care products to proceed. “There is no asterisk on the front label linking the claim to a … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“unfair competition” CGL insurance exclusion applies only to competitor claims, not consumer claims

Posted on December 1, 2025 by rtushnet

Athena Cosmetics, Inc. v. Great American E&S Ins. Co.,  2025 WL 3304392, No. 2:24-cv-08010-AH-AGRx (C.D. Cal. Nov. 24, 2025) Three underlying putative class actions targeted Athena’s sale of “lash enhancement serums from Athena that contained compounds found in prescription drugs … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

court of appeals refuses to create right of publicity for houses, over dissent

Posted on November 26, 2025 by rtushnet

Dihno v. Netflix, Inc., 2025 WL 3280834, B335652 (Cal. Ct. App. Nov. 25, 2025) Over a partial dissent, the court of appeals affirms the rejection of various claims, including CLRA and FAL claims, against Netflix based on its use of … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

once again, injury requirement defeats a false advertising claimant

Posted on November 26, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 3268799, 24cv1646(DLC) (S.D.N.Y. Nov. 21, 2025) Previously. Here, Skillz successfully kicks out Papaya’s false advertising counterclaims for lack of injury, showing once again that the statutory presumption of irreparable injury is … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment