Category Archives: Uncategorized

maintaining outdated article on website about former supplier wasn’t false association

Posted on October 1, 2021 by rtushnet

Archi’s Acres, Inc. v. Whole Foods Market Service, Inc., 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D. Cal. Feb. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil. Whole Foods began purchasing small quantities of basil from … Continue reading →

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“Krab mix” plausibly misleads as to crab content

Posted on October 1, 2021 by rtushnet

Kang v. P.F. Chang’s China Bistro, Inc., 844 Fed.Appx. 969, 2021 WL 463443, No. 20-55138 (9th Cir. Feb. 9, 2021) Plaintiff plausibly alleged that reasonable consumers “are likely to be deceived” by defendant’s use of the term “krab mix” on … Continue reading →

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Reading list: The Powerpoint Channel

Posted on October 1, 2021 by rtushnet

Lynn M. Lopucki, The Powerpoint Channel From the intro: This article seeks to contribute to the development of the PowerPoint channel by describing a theory and style for PowerPoint teaching of law. By “style” I mean a particular combination of … Continue reading →

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contributory liability possible for lawyers in timeshare exit cases

Posted on September 30, 2021 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Cal. Apr. 12, 2021) Another timeshare company v. timeshare exit company case. Here, Diamond sued both the marketers who seek exit clients … Continue reading →

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Survey flaws prevent it from saving vanilla false advertising claim

Posted on September 30, 2021 by rtushnet

Clark v. Westbrae Natural, Inc., 2021 WL 1580827, No. 20-cv-03221-JSC (N.D. Cal. Apr. 22, 2021) I find the vanilla class actions fascinating because they are starting to reject surveys, pushing this area of the law towards a normative vision of … Continue reading →

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No organizational standing where advocacy campaigns didn’t change

Posted on September 30, 2021 by rtushnet

Friends of the Earth v. Sanderson Farms, Inc., 992 F.3d 939 (9th Cir. 2021) Although the animal/farm advocacy organization plaintiffs won some early skirmishes, they faltered on lack of organizational standing against a poultry producer to bring consumer protection claims. … Continue reading →

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wrong images aren’t false if differences from actual product aren’t material

Posted on September 30, 2021 by rtushnet

Strong Current Enters. Ltd. v. Affiliati Network, Inc. 2021 WL 1383368, No. 20-cv-23692-UU (S.D. Fla. Mar. 26, 2021) The parties compete to sell novelty consumer goods; defendant allegedly copied plaintiff’s business model including its product launches, providing its affiliates with … Continue reading →

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pandemic refund claim plausibly alleged

Posted on September 29, 2021 by rtushnet

Rothman v. Equinox Holdings, Inc., 2021 WL 1627490, No. 2:20-cv-09760-CAS-MRWx (C.D. Cal. Apr. 27, 2021) Another pandemic refund case. This one found a misrepresentation adequately pled with respect to the refund provision of plaintiff’s membership contract with the defendant, a … Continue reading →

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“natural” claims still going strong; scientific testing not required in pleading

Posted on September 29, 2021 by rtushnet

Barton v. Pret A Manger (USA) Ltd., — F.Supp.3d —-, 2021 WL 1664319 1:20-cv-04815 GHW (S.D.N.Y. Apr. 27, 2021) Plaintiff plausibly alleged that the references to “natural ingredients” and “natural food” on defendant’s products’ packaging were likely to lead a … Continue reading →

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MLM on MLM action: tortious interference, trade secret, but not false advertising

Posted on September 29, 2021 by rtushnet

It Works Marketing, Inc. v. Melaleuca, Inc., 2021 WL 1650266, No. 8:20-cv-1743-T-KKM-TGW (M.D. Fla. Apr. 27, 2021) It Works is a MLM company that sells health and beauty products that requires distributors to sign a noncompete agreement and provides for … Continue reading →

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