Tag Archives: false advertising

false advertising is harder to prove than TM infringement because of the injury requirement (not to mention materiality)

Posted on December 15, 2023 by rtushnet

ImprimisRx, LLC v. OSRX, INC., 2023 WL 8604148, No. 21-cv-01305-BAS-DDL (S.D. Cal. Dec. 12, 2023) The parties are compounding pharmacies that focus on medications used in optometry and ophthalmology. Section 503A compounding pharmacies fill prescriptions for individual patients. Section 503B … Continue reading →

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Dastar bars false advertising claim against “first of its kind” ads

Posted on December 15, 2023 by rtushnet

 Vericool World LLC v. Igloo Prods. Corp., 2023 WL 8634803, No. 22-cv-02440-HSG (N.D. Cal. Dec. 13, 2023) Vericool alleged that Igloo falsely claimed that its “Recool” biodegradable cooler was the first of its kind. The court found this Dastar-barred, since … Continue reading →

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Dastar bars false marking claims brought under Lanham Act (dubitante)

Posted on December 7, 2023 by rtushnet

Urban Dollz LLC v. Lashify, Inc., 2023 WL 8292459, No. CV 23-1427-GW-AFMx (C.D. Cal. Oct. 17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted … Continue reading →

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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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Earnings calls, recall notices not “commercial advertising or promotion,” but could be “of and concerning” largest market player

Posted on November 27, 2023 by rtushnet

In re SoClean, Inc., Marketing, Sales Practices & Products Liab. Litig., 2023 WL 8006602, MDL No. 3021, No. 22-542 (W.D. Pa. Nov. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. SoClean is … Continue reading →

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too much complaining about copying triggers Dastar/preemption for other claims

Posted on November 27, 2023 by rtushnet

Design Gaps, Inc. v. Hall, 2023 WL 8103156, No. 3:23-cv-186-MOC (W.D.N.C. Nov. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for … Continue reading →

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who has standing to challenge robot lawyers?

Posted on November 27, 2023 by rtushnet

MillerKing, LLC v. DoNotPay, Inc., — F.Supp.3d —-, No. 3:23-CV-863-NJR, 2023 WL 8108547 (S.D. Ill. Nov. 17, 2023) “This case pits real lawyers against a robot lawyer.” Spoiler: the robot wins for lack of Article III standing. DoNotPay is an … Continue reading →

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when can pharma experts testify about compliance with the FDCA? (also some survey stuff)

Posted on November 13, 2023 by rtushnet

ImprimisRX, LLC v. OSRX, Inc., 2023 WL 7390842, No. 21-cv-01305-BAS-DDL (S.D. Cal. Nov. 8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised … Continue reading →

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alleged Haitian corruption doesn’t make collection of “foreign taxes” misleading or material

Posted on November 13, 2023 by rtushnet

Celestin v. Martelly, — F.Supp.3d —-, 2023 WL 6385 (E.D.N.Y. 2023) Plaintiffs alleged Martelly, the then-President-elect of Haiti, devised a “wide-ranging scheme” to impose fees and fix prices on money transfers, food remittances, and international calls made to and from … Continue reading →

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(c) infringement and false advertising claims against addiction treatment competitor survive, in part

Posted on November 9, 2023 by rtushnet

New Directions Program v. Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 2:22-cv-01090-DAD-JDP (E.D. Cal. Nov. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of … Continue reading →

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