Category Archives: Uncategorized

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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even admissions and severe financial distress don’t justify TRO/asset freeze in false advertising case

Posted on September 22, 2021 by rtushnet

SI03, Inc. v. Musclegen Research, Inc., 2021 WL 765293, No. 1:16-CV-274 RLW (E.D. Mo. Feb. 26, 2021) The parties compete to sell protein powder to consumers. SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03 … Continue reading →

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Contract remedies again prove broader than false advertising for pandemic-related suits

Posted on September 21, 2021 by rtushnet

In re Columbia Tuition Refund Action, No. 20-CV-3208 (JMF) & 20-CV-3210 (JMF), — F.Supp.3d —-, 2021 WL 790638 (S.D.N.Y. Feb. 26, 2021) These are two putative class actions against Columbia and Pace based on allegedly broken promises due to the … Continue reading →

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No PI where individual defendant has left allegedly trademark-infringing role

Posted on September 21, 2021 by rtushnet

Nigerians in Diaspora Organization Americas v. Key, 2021 WL 811094, No. 19-3015 (RDM) (D.D.C. Mar. 3, 2021) “NIDOA is a continental nonprofit organization that advocates for the interests of Nigerians in the Western Hemisphere.”  It alleged that, under the continental … Continue reading →

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continued desire to purchase TVs suffices for California standing

Posted on September 21, 2021 by rtushnet

Julian v. TTE Technol., Inc., 2021 WL 810228, No. 20-cv-02857-EMC (N.D. Cal. Mar. 3, 2021) Plaintiffs alleged false advertising of TTE’s TVs in violation of California and New Jersey law; the court granted the motion to dismiss but allowed leave … Continue reading →

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divided NY court finds incomplete legal compilation wouldn’t mislead reasonable consumers

Posted on September 21, 2021 by rtushnet

Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 2021 NY Slip Op 03485, — N.E.3d —-  37 N.Y.3d 169 (Jun. 3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that … Continue reading →

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competitor’s copying of photos doesn’t inherently inflict competitive harm

Posted on September 20, 2021 by rtushnet

McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. Ohio Jun. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” … Continue reading →

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natural decay of nicotine complicates evaluation of literal falsity of nicotine content claims

Posted on September 20, 2021 by rtushnet

Bidi Vapor, LLC v. Vaperz LLC, 2021 WL 2433642, No. 21 C 1430 (N.D. Ill. Jun. 15, 2021) “The novel question of how the electronic cigarette industry should approach labeling nicotine content in the face of nicotine degradation is both … Continue reading →

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ordinary recalls aren’t commercial advertising or promotion

Posted on September 20, 2021 by rtushnet

Pictsweet Co. v. R.D. Offutt Farms Co., 2021 WL 4034222, No. 3:19-cv-00722 (M.D. Tenn. Sept. 3, 2021) Defendant RDO has a subsidiary, CRF, which was in the business of “producing, preparing, processing and selling frozen vegetables to frozen vegetable producers, … Continue reading →

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

Posted on September 20, 2021 by rtushnet

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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