Tag Archives: consumer protection

Class claims down the toilet? Court stays lawsuit for FTC action

Posted on October 9, 2015 by rtushnet

Belfiore v. Procter & Gamble Co., — F.Supp.3d —-, 2015 WL 5781541, No. 14–CV–4090 (E.D.N.Y. Oct. 5, 2015)   The district court stayed six related consumer class actions against “flushable” wipes on the ground that the FTC could probably protect … Continue reading →

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Upset tummies at P&G: Sixth Circuit affirms class certification on “snake oil” theory

Posted on August 28, 2015 by rtushnet

Rikos v. Procter & Gamble Co., — F.3d —-, 2015 WL 4978712 (6th Cir. June 16, 2015)   A court of appeals affirms the certification of a consumer protection class action, a rarity worth noting.   Plaintiffs bought Align, P&G’s … Continue reading →

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IPSC: Copyright again

Posted on August 7, 2015 by rtushnet

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading →

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Uber’s safety claims not all puffery

Posted on July 22, 2015 by rtushnet

L.A. Taxi Cooperative, Inc. v. Uber Technologies, Inc., — F. Supp. 3d —-, 2015 WL 4397706, No. 15-cv-01257 (N.D. Cal. Jul. 17, 2015)   Uber makes various safety-related claims, such as its website’s claims to offer the “SAFEST RIDES ON … Continue reading →

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CD Cal rejects In re GNC for all the right reasons

Posted on July 16, 2015 by rtushnet

Zakaria v. Gerber Products Co., No. 15-cv-00200 (C.D. Cal. July 14, 2015)   Zakaria sued Gerber, bringing the usual California claims, based on Gerber’s alleged misrepresentations that Good Start Gentle infant formula reduces the risk to infants of developing atopic … Continue reading →

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False establishment claims not actionable under consumer protection law

Posted on July 14, 2015 by rtushnet

Aloudi v. Intramedic Research Group, LLC, 2015 WL 4148381, No. 15-cv-00882 (N.D. Cal. Jul. 9, 2015)   Aloudi brought the usual California/warranty claims against IRG for its claims about its JavaSLIM product, a “green coffee bean extract weight loss formula.” … Continue reading →

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Trademark scholars roundtable: the consumer in different contexts

Posted on June 30, 2015 by rtushnet

Session 3:  The Consumer in Different Trade Mark Contexts Do the questions that we have looked at in the first two sessions vary in different trademark and adjacent contexts? Is assessment of the reaction of the average consumer in trade … Continue reading →

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Trademark scholars roundtable: roles for the consumer in TM

Posted on June 29, 2015 by rtushnet

Seventh Trademark Scholars Roundtable: The Construction of the Consumer in Trade Mark Law   Session 1: Roles for the Consumer in Trade Mark Law What role does the “consumer” (whether “average” or “reasonable” or otherwise) play in trade mark law? … Continue reading →

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Ninth Circuit rejects class certification because ads differed

Posted on June 29, 2015 by rtushnet

Cabral v. Supple LLC, — Fed.Appx. —-, 2015 WL 3855142, No. 13–55943 (9th Cir. June 23, 2015)   The court of appeals vacated the certification of a class of purchasers of a dietary supplement. The certified class was “[a]ll persons … Continue reading →

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Court certifies class against JCPenney for allegedly false “sales”

Posted on June 12, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 3478038, No. CV 12–0215 (C.D. Cal. May 18, 2015)   Spann sued JCP, bringing the usual California claims, for allegedly “falsely advertising ‘original’ prices, ‘sale’ prices and corresponding price discounts for its private … Continue reading →

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