Tag Archives: damages

false advertising’s injury requirement causes reverse passing off claim to fail

Posted on January 7, 2026 by rtushnet

Kesters Merchandising Display International, Inc. v. SurfaceQuest, Inc., — F.4th —-, 2026 WL 35198, No. 24-3112 (10th Cir. Jan. 6, 2026) SurfaceQuest allegedly marketed its products with photographs of its competitor Kesters’ competing product. Kesters sells “a lightweight, seamless material … Continue reading →

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Lack of evidence on lost goodwill leads to remittitur (but also proposed doubling of lost profits)

Posted on December 5, 2025 by rtushnet

Sterilite Corp. v. Olivet International, Inc., No. 1:22-cv-10327-JEK, 2025 WL 3460553 (D. Mass. Dec. 2, 2025) A jury awarded Sterilite $11 million in damages for Olivet’s willful infringement of the trade dress in Sterilite’s storage cabinets and drawers: $2,656,711 in … Continue reading →

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3d Circuit affirmance shows that false advertising damages remain hard to prove

Posted on September 2, 2025 by rtushnet

CareDX, Inc. v. Natera, Inc., 2025 WL 2480117, No. 23-2427, No. 23-2428 (3d Cir. Aug. 28, 2025) The court of appeals affirms the district court in this Lanham Act/coordinate Delaware state law case based on allegedly false claims Natera made … Continue reading →

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literal falsity wasn’t enough without evidence of lost sales or harm to goodwill

Posted on August 21, 2025 by rtushnet

G. W. Aru, LLC v. W. R. Grace & Co.-Conn., No. JKB-22-2636, 2025 WL 2402194 (D. Md. Aug. 19, 2025) Previous decision resolving some pretrial issues; this opinion comes after a bench trial, which resulted in a ruling for defendant … Continue reading →

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court upholds nine-figure verdict in false advertising case

Posted on August 1, 2025 by rtushnet

Guardant Health, Inc. v. Natera, Inc., 2025 WL 2106522, No. 21-cv-04062-EMC (N.D. Cal. Jul. 28, 2025) Previous opinion discussed here. Guardant sued Natera for falsely advertising a clinical test; after the court denied a PI, it conducted a trial at … Continue reading →

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disgorging a CEO’s salary, then trebling the amount?

Posted on February 27, 2025 by rtushnet

Multiple Energy Technologies, LLC v. Casden, 2025 WL 579641, № 2:21-cv-01149-ODW (RAOx) (C.D. Cal. Feb. 21, 2025) I just posted about courts’ increasing openness to disgorgement. Here, the court trebles an award in a way that seems definitionally disconnected to … Continue reading →

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literal falsity can exist even if there’s a strained “truthful” reading

Posted on February 6, 2025 by rtushnet

Kopp Development, Inc. v. Metrasens, Inc, No. 1:21cv1216, 2025 WL 371303 (N.D. Ohio Feb. 3, 2025) Metrasens and plaintiff KDI compete in the market for ferromagnetic detectors, used to detect magnetic items (such as iron) on a person’s body or … Continue reading →

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even after default, court may constrain recovery in competitive market

Posted on October 16, 2024 by rtushnet

KHN Solutions LLC v. Shenzhen City Xuewu Feiping Trading Co., No. C 20-07414 WHA, 2024 WL 4351861 (N.D. Cal. Sept. 30, 2024) I don’t usually blog default judgments, but this one was interesting. It granted interim relief against Amazon.com, impounding … Continue reading →

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9th Circuit orders district court to reconsider statutory damages award to NY class under NY law

Posted on August 28, 2024 by rtushnet

Montera v. Premier Nutrition Corporation, — F.4th —-, 2024 WL 3659589, No. 22-16375, 22-16622 (9th Cir. Aug. 6, 2024) The key legal issue here arises from the quirk that NY bans GBL §§ 349 and 350 class actions in state … Continue reading →

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Hetronic remand: the continued rise of “use”

Posted on April 29, 2024 by rtushnet

Hetronic International, Inc. v. Hetronic Germany GmbH, — F.4th —-, Nos. 20-6057 & 20-6100, 2024 WL 1724995 (10th Cir. Apr. 23, 2024) Hetronic has US registrations; Abitron sold Hetronic-branded products without permission to customers around the world, including in the … Continue reading →

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