Category Archives: Uncategorized

Regulatory safe harbor bars claim over meaning of “gigabyte”

Posted on September 24, 2021 by rtushnet

Dinan v. SanDisk LLC, 844 Fed.Appx. 978, No. 20-15287 (9th Cir. 2021) SanDisk allegedly violated the usual California consumer protection statutes by using gigabyte (“GB”) to mean 1,000,000,000 bytes (“the decimal definition”), when plaintiffs assumed gigabyte as used by SanDisk … Continue reading →

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Mars and Quaker dodge chocolate/child slavery claims, but Starbucks doesn’t

Posted on September 24, 2021 by rtushnet

Myers v. Starbucks Corp., 2021 WL 1921120, No. 5:20-cv-00335-JWH-SHKx (C.D. Cal. May 5, 2021) Myers sued Mars, Quaker Oats, and Starbucks under the CLRA and UCL, alleging claims related to use of child slaves to produce cocoa. Child slavery, which … Continue reading →

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Made-in-USA claims over tea survive; “America’s Classic” could be falsifiable in context

Posted on September 24, 2021 by rtushnet

Banks v. R.C. Bigelow, Inc., — F.Supp.3d —-, 2021 WL 1734779, No. 20-cv-6208 DDP (RAOx) (C.D. Cal. May 3, 2021) Plaintiffs sued over tea labeled “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED” and “AMERICA’S CLASSIC.” However, the tea leaves … Continue reading →

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Disparate impact isn’t “unfair” for consumer protection purposes, court indicates

Posted on September 23, 2021 by rtushnet

Schulte v. Conopco, Inc., No. 20-2696 (8h Cir. May 18, 2021) This would make a great student note topic: Is disparate impact “unfair” under state consumer protection laws? The court here implicitly says no, without ever confronting the question directly. … Continue reading →

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over dissent, 5th Circuit applies Lanham Act to political speech

Posted on September 23, 2021 by rtushnet

Alliance for Good Government v. Coalition for Better Government, No. 20-30233 (5th Cir. May 19, 2021) I sometimes hold out the hope that courts will develop a general treatment of the First Amendment/Lanham Act interaction. This case suggests that that … Continue reading →

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competitor plausibly alleged injury by alleging consumers changed behavior upon discovering the truth

Posted on September 23, 2021 by rtushnet

3B Medical, Inc. v. SoClean, Inc., — Fed.Appx. —-, 2021 WL 2025153, No. 20-3477-cv (2d Cir. May 21, 2021) The parties compete in the market for medical devices that sanitize continuous positive airway pressure machines (CPAPs), which treat sleep apnea … Continue reading →

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retail/outlet claims for Vineyard Vines scrape past motion to dismiss

Posted on September 23, 2021 by rtushnet

Casio v. Vineyard Vines, LLC, 2021 WL 466039, 19-CV-5135 (JMA) (AYS) (E.D.N.Y. Feb. 9, 2021) Plaintiff alleged falsity in pricing/tags in defendant’s outlet stores. The products allegedly “purport to be identical” to those sold in the “retail” stores, “shar[ing] similar … Continue reading →

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adjectival order matters (some) in finding literal falsity

Posted on September 22, 2021 by rtushnet

Suzie’s Brewery Company v. Anheuser-Busch Companies, LLC, — F.Supp.3d —-2021 WL 472915, No. 3:21-cv-178-SI (D. Ore. Feb. 9, 2021) Alleged ambiguity didn’t save AB from this false advertising claim. AB makes Michelob ULTRA Hard Seltzer, which has earned USDA organic … Continue reading →

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Netflix prevails over claims by lawyers that they were misportrayed in money laundering film

Posted on September 22, 2021 by rtushnet

Mossack Fonseca & Co., S.A. v. Netflix Inc., 2020 WL 8509658, No. CV 19-9330-CBM-AS(x) (C.D. Cal. Dec. 23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” (It’s about money … Continue reading →

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4th Circuit continues its Lanham Act frolic, notes overbreadth of expansive injunctive relief

Posted on September 22, 2021 by rtushnet

De Simone v. Alfasigma USA, Inc., No. 19-1731, 847 Fed.Appx. 174 (4th Cir. Feb. 17, 2021) Depressingly doubling down on its bizarre interpretation of the Lanham Act first created by misinterpreting California’s UCL, the Fourth Circuit nonetheless mitigates some of … Continue reading →

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