Tag Archives: procedure

bad Lanham Act claim, swept up with bad patent claim, triggers Rule 11 sanctions

Posted on October 30, 2025 by rtushnet

Raydiant Oximetry, Inc. v. ALC Medical Holdings LLC, — F.Supp.3d —-, 2025 WL 3022882, No. 25-cv-00392-VC (N.D. Cal. Oct. 29, 2025) Baseless patent and false advertising claims produce a big Rule 11 award. The patent stuff is eye-popping, and it’s … Continue reading →

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9th Circuit affirms class status based on materiality of claim in product name

Posted on July 28, 2025 by rtushnet

Noohi v. Johnson & Johnson Consumer Inc., — F.4th —-, 2025 WL 2089582, No. 23-55190 (9th Cir. Jul. 25, 2025) J&J sells Neutrogena Oil-Free Face Moisturizer for Sensitive Skin. The district court certified a class in a consumer protection case … Continue reading →

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5th Circuit discounts confusion caused by overlap in commonly used arbitrary word

Posted on February 28, 2025 by rtushnet

Rampart Resources, Inc. v. Rampart/Wurth Holding, Inc., No. 24-30111, 2025 WL 586820 (5th Cir. Feb. 24, 2025) District court’s denial of preliminary injunction discussed here. Rampart Resources) provides real estate and property management services in Louisiana, Texas, Arkansas, Mississippi, Alabama, … Continue reading →

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court allows Nike’s legal theories and most of its expert testimony against StockX’s resales/NFTs

Posted on July 15, 2024 by rtushnet

Nike, Inc. v. StockX LLC, 2024 WL 3361411, No. 22-CV-0983 (VEC) (S.D.N.Y. Jul. 10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that … Continue reading →

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Claims that timeshare exit services are legal and effective were not puffery

Posted on August 16, 2021 by rtushnet

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2021 WL 3552175, No. 20-24681-Civ-Scola (S.D. Fla. Aug. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to … Continue reading →

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false advertising as compulsory counterclaim

Posted on February 18, 2020 by rtushnet

Creative Impact Inc. v. MGA Entertainment, Inc., 2019 WL 7906430, No. CV 19-07009 AG (ASx) (C.D. Cal. Nov. 4, 2019) The parties compete in the toy business. Creative Impact makes 5 Surprise, while MGA makes a similar toy called L.O.L. … Continue reading →

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Alkaline water false advertising claim is unappetizing, court rules

Posted on February 12, 2019 by rtushnet

Weiss v. Trader Joe’s Co., No. 8:18-cv-01130-JLS-GJS, 2018 WL 6340758 (C.D. Cal. Nov. 20, 2018) Trader Joe’s sells Alkaline Water, whose label includes: • “pH 9.5 +” • “Our Alkaline Water + Electrolytes is ionized to pH 9.5+.” • “pH … Continue reading →

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false advertising claim needs to talk about asterisks to plead with particularity

Posted on January 8, 2019 by rtushnet

Anthony v. Pharmavite, 2019 WL 109446, No. 18-cv-02636-EMC (N.D. Cal. Jan. 4, 2019) Despite generally favorable substantive rulings for plaintiffs, the court dismisses the complaint for false advertising of a nutrition supplement for failure to plead with particularity under Rule … Continue reading →

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Court sanctions plaintiffs for inaccurate images of product labels in complaint

Posted on December 27, 2018 by rtushnet

Hunt v. Sunny Delight Beverages Co., No. 18-cv-00557-JLS-DFM, 2018 WL 6786265 (C.D. Cal. Dec. 18, 2018) Some Sunny Delight beverages bear names derived from fruits, such as “Orange Strawberry,” “Orange Pineapple,” “Strawberry Guava,” and “Watermelon,” while others are less fruity, … Continue reading →

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9th Circuit easily rejects In re GNC’s “all scientists must agree” standard for falsity

Posted on December 27, 2018 by rtushnet

Sonner v. Schwabe North America, Inc., — F.3d —-, No. 17-55261, 2018 WL 6786616 (9th Cir. Dec. 26, 2018) Happy holidays to me! Sonner sued the sellers of two Ginkgold nutritional supplements for violations of the UCL and CLRA and … Continue reading →

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