Tag Archives: damages

tell me no lyes: hair relaxer claims continue

In re Amla Litigation, — F.Supp.3d —-, 2018 WL 3629226, No. 16-cv-6593 (S.D.N.Y. Jul. 31, 2018) Plaintiffs brought fifteen claims, including false advertising, against L’Oreal based on alleged defects in the Amla Legend Rejuvenating Ritual Relaxer, which is used to … Continue reading

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Dr. Pepper gets an upset tummy: Court approves conjoint analysis/price premium model in ginger ale class action

Fitzhenry-Russell v. Dr. Pepper Snapple Group, Inc., 2018 WL 3126385, No. 17-cv-00564 (N.D. Cal. Jun. 26, 2018) (magistrate judge) Canada Dry Ginger Ale allegedly deceived consumers with the phrase “Made From Real Ginger” when, in fact, Canada Dry does not … Continue reading

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Sock puppet reviews aren’t literally false absent additional non-identity literal falsity, court rules

Nunes v. Rushton, No. 2:14-cv-00627, — F.Supp.3d —-, 2018 WL 1271446 (D. Utah Mar. 9. 2018) Every time I think I’ve seen it all, I’m reminded that humans are not only stranger than we imagine, they are stranger than we … Continue reading

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To the spoliator does not go the victory in corporate betrayal case

OmniGen Research, LLC v. Wang, No. 16-cv-268, 2017 WL 5505041 (D. Or. Nov. 16, 2017) After OmniGen successfully moved for a default judgment in its favor due to spoliation of evidence, the court awarded damages on OmniGen’s trade secret, false … Continue reading

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Disgorgement isn’t distinguishable from restitution in ordinary consumer protection case

Brazil v. Dole Packaged Foods, LLC, 660 Fed.Appx. 531 (9th Cir. 2016) Brazil brought the usual California claims, alleging that defendants deceptively described their fruit products as “All Natural Fruit.” Brazil property alleged that Dole’s labels were deceptive given that … Continue reading

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USPTO white paper on remix, first sale, and statutory damages

Here.  No love for an exception for noncommercial user-generated content (Canada’s YouTube exception), but at least some support for the viability and importance of fair use, including discussion of the OTW’s contributions.  What is a bit aggravating is the apparent … Continue reading

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Don’t send misappropriation to do copyright’s job

Alaskasland.com, LLC v. Cross, No. S­15270 (Alaska Sept. 25, 2015)   A realtor group listed property adjacent to a neighboring subdivision, Susitna Shores, using three photos taken from the subdivision’s marketing materials, including one showing the subdivision’s stylized entrance sign.  … Continue reading

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