Tag Archives: california

California’s UCL potentially available against junk fees

Posted on December 7, 2023 by rtushnet

Sepanossian v. National Ready Mix Co., — Cal.Rptr.3d —-, 2023 WL 7590798, No. B319260 (Ct. App. Nov. 15, 2023) Sepanossian, who operates a construction business, filed a class action against Ready Mix, which sells mixed concrete to small businesses for … Continue reading →

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ESG statements are commercial speech excluded from California’s anti-SLAPP law

Posted on June 21, 2023 by rtushnet

Hicks v. Grimmway Enters., Inc., 2023 WL 3829689, No. 22-CV-2038 JLS (DDL) (S.D. Cal. Jun. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on … Continue reading →

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Press release touting preliminary injunction can found false advertising counterclaims

Posted on April 18, 2023 by rtushnet

Zest Anchors, LLC v. Geryon Ventures, LLC, 2023 WL 2903668, No. 22-CV-230 TWR (NLS) (S.D. Cal. Apr. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade … Continue reading →

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“GoodBelly” and “GoodHealth” plus label plausibly communicate net digestive health benefits

Posted on March 22, 2023 by rtushnet

Andrade-Heymsfield v. Nextfoods, Inc., No. 3:21-cv-1446-BTM-MSB, 2023 WL 2576770 (S.D. Cal. Mar. 20, 2023) Plaintiff brought the usual California claims against a line of fruit juices — GoodBelly Probiotic JuiceDrinks — “that expressly or implicitly convey the message that the … Continue reading →

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UCL claim could be based on lost opportunity to register trademark

Posted on March 10, 2023 by rtushnet

Zamfir v. CasperLabs, LLC, 2023 WL 2415262, No. 21-CV-474 TWR (AHG) (S.D. Cal. Mar. 8, 2023) Previous ruling. Zamfir, a blockchain researcher, alleged that he was known for his proof-of-stake (PoS) protocol; he adopted the name “Casper” for the research … Continue reading →

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a rare freestanding UCL unfairness claim re: service termination that rendered cameras nonfunctional

Posted on September 15, 2020 by rtushnet

Soo v. Lorex Corp., 2020 WL 5408117, No. 20-cv-01437-JSC (N.D Cal. Sept. 9, 2020) Plaintiffs brought California and New York consumer protection claims based on what happened to their home security Flir cameras; defendants moved to compel arbitration, which was … Continue reading →

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resources spent correcting false advertising provide business standing in California

Posted on April 15, 2015 by rtushnet

Underground Solutions, Inc. v. Palermo, No. 13 C 8407, 2015 WL 1594189 (N.D. Ill. Apr. 7, 2015)   Previous ruling on this dispute between Underground Solutions and a person who basically served as an expert supporting its competitor. Related case … Continue reading →

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