Tag Archives: preemption

Sanderson can’t chicken out of false advertising claims

Organic Consumers Assoc. v. Sanderson Farms, Inc., 2018 WL 922247, No. 17-cv-03592 (N.D. Cal. Feb. 9, 2018) OCA sued Sanderson, a poultry processor, over ads that allegedly mislead consumers about the nature of Sanderson’s chicken products and farming practices. OCA … Continue reading

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Conference: administrative law/private law interface in IP

The Administrative-Private Law Interface in IP,  March 29, 2018 A conference co-organized by the Project on the Foundations of Private Law at Harvard Law School and the University of Texas School of Law, sponsored by Qualcomm Inc. More info here. … Continue reading

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Another court declines to apply GNC where plaintiff alleges only negative studies

Yeldo v. MusclePharm Corp., 2017 WL 5499588, Case No. 17-11011 (E.D. Mich. Nov. 16, 2017) Yeldo brought a putative class action alleging that MusclePharm used misleading marketing practices to promote its glutamine dietary supplement, whose label and online ads indicate … Continue reading

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When the specifics are misleading: medical test stats draw false advertising claim

Quidel Corp. v. Siemens Med. Solutions USA, Inc., 2017 WL 4654644, No. 16-cv-3059 (S.D. Cal. Oct. 16, 2017) Quidel is a “diagnostic healthcare manufacturer” that “developed, promotes and sells the Thyretain TSI Reporter BioAssay,” which is “intended for the qualitative … Continue reading

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Fantasy gambling is newsworthy, doesn’t violate players’ rights of publicity

Daniels v. FanDuel, Inc., No. 16-cv-01230 (S.D. Ind. Sept. 29, 2017) Akeem Daniels, Cameron Stingily, and Nicholas Stoner played college football and sued FanDuel and DraftKings for violating their Indiana right of publicity. Defendants run fantasy sports websites and mobile … Continue reading

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false advertising claim based on (c) ownership not preempted, court rules

Carter v. Pallante, 2017 WL 2506419, No. 16 C 6786 (N.D. Ill. Jun. 9, 2017) Tollie Carter has sued Maria A. Pallante (now acting Register Karyn Temple Claggett) in her capacity as the Register of Copyrights, as well as ARC/Conrad … Continue reading

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“unapproved drug” claims fail post-Pom, but not challenge to “natural” claim

Hi-Tech Pharmaceuticals, Inc. v. Hodges Consulting, Inc., 2016 WL 8856671, No. 16-cv-00906 (N.D. Ga. Dec. 13, 2016) Hi-Tech and Hodges compete in the dietary supplement market for body builders.  Hi-Tech sued for patent infringement, as well as for false advertising. … Continue reading

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