Category Archives: unfairness

Trademark licensor must be joined even when plaintiff is exclusive licensee

Aceto Corporation v. TherapeuticsMD, Inc., 953 F. Supp. 2d 1269 (S.D. Fla. 2013) Aceto sells various pharmaceutical/nutritional ingredients and other chemicals.  Defendants allegedly make and sell a line of prenatal vitamins, Prena1, that violate Aceto’s exclusive US rights to a … Continue reading

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TM claims in DMCA notice may lead to 512(f) liability

CrossFit, Inc. v. Alvies, No. 13–3771, 2014 WL 251760 (N.D. Cal. Jan. 22, 2014) CrossFit sued Alvies for trademark infringement, among other things, and Alvies counterclaimed for false advertising/unfair competition.  CrossFit moved to dismiss the counterclaims and partially succeeded.  CrossFit … Continue reading

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unfair competition in the news

The facts described in this article about Uber’s alleged attempt to crush competitor Gett by booking and then cancelling rides seem like a pretty good candidate for application of the general unfair competition tort.  Hypo of the day: what causes … Continue reading

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Is disclosure of recurring charges enough?

At Slate, a story about Boingo raises questions about what other steps a business ought to take to ensure that consumers make informed decisions to keep accepting recurring charges, when we know that many consumers don’t review their bank/credit card statements … Continue reading

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HAMP-ed up UCL claim resurrected on appeal

Lueras v. BAC Home Loans Servicing, LP, 2013 WL 5848859, No. G046799, — Cal.Rptr.3d —- (Ct. App. Oct. 31, 2013) The new frontier: mortgage-related claims brought under consumer protection laws.  A divided court of appeals reversed the dismissal of Lueras’ … Continue reading

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