Tag Archives: procedure

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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Pleading compliance w/test rules doesn’t plausibly plead compliance for consumer plaintiffs

Posted on December 11, 2018 by rtushnet

Anglin v. Edgewell Personal Care Co., 2018 WL 6434424, No. 4:18-CV-00639-NCC (E.D. Mo. Dec. 7, 2018) Are there people who believe that Twiqbal improved consistency?  Because I do not understand the level of detail required. Here, the magistrate holds that … Continue reading →

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Preserve challenged ads/social media posts after receiving a C&D or risk sanctions

Posted on August 10, 2018 by rtushnet

Nutrition Distribution LLC v. Pep Research, LLC, No. 16CV2328-WQH(BLM), 2018 WL 3769162  (S.D. Cal. Aug. 9, 2018) (magistrate judge) A spoliation/false advertising issue.  “While Defendants produced some social media documents, the production did not include Facebook or Twitter posts relating … Continue reading →

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Blast from the past: false price claims insufficiently pled

Posted on February 2, 2017 by rtushnet

Ashley Furniture Indus., Inc. v. American Signature, Inc., 2015 WL 12999664, No. 11-cv-427 (S.D. Ohio Mar. 12, 2015) At this point I will just institute a “blast from the past” category for Westclip.  This one made it because of a … Continue reading →

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Court finds Lanham Act laches on the pleadings given p’s delay

Posted on December 20, 2016 by rtushnet

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336721, — F. Supp. 3d – (C.D. Cal. Dec. 14, 2016) Lifeway sued defendants under federal and state false advertising law for allegedly selling a product that didn’t … Continue reading →

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membership in swingers club not (yet) disclosed in Lanham Act case

Posted on October 5, 2016 by rtushnet

Edmondson v. Velvet Lifestyles, LLC, No. 15-24442-CIV, 2016 WL 5682591 (S.D. Fla. Oct. 3, 2016) I don’t get to blog discovery disputes often; that this one is unresolved is frustrating, but the court asks useful questions.  “May Plaintiffs pursuing a … Continue reading →

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failure to speak can be advertising but not presentations to trainers

Posted on August 10, 2016 by rtushnet

WIKA Instrument I, LP v. Ashcroft, Inc., 2015 WL 11199059, No. 13-CV-43 (N.D. Ga. Jul. 10, 2016) WIKA sued Ashcroft, a competing maker of pressure gauges, for false advertising and related claims, and Ashcroft counterclaimed similarly.  WIKA sells the XSEL … Continue reading →

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Minimal pleading of responsibility suffices to evade 230 dismissal

Posted on April 19, 2016 by rtushnet

Congoo, LLC v. Revcontent LLC, 2016 WL 1547171, No. 16-401 (D.N.J. Apr. 15, 2016)   The parties compete in the market for native advertising.  Congoo alleged that Revcontent caused false/misleading native advertising to be published.  Revcontent asserted §230 immunity.  The … Continue reading →

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Court rejects Zippo jurisdiction test but allows suit over alleged copying

Posted on January 25, 2016 by rtushnet

Kindig It Design, Inc. v. Creative Controls, Inc., — F. Supp. 3d —-, 2016 WL 247574,  No. 2:14-cv-00867 (D. Utah Jan. 20, 2016)   Mostly a personal jurisdiction ruling in this copyright/patent infringement/false advertising case brought by Kindig, which customizes … Continue reading →

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Do implicit falsity plaintiffs have to plead the existence of a survey?

Posted on September 2, 2015 by rtushnet

Vincent v. Utah Plastic Surgery Society, — Fed.Appx. —-, 2015 WL 5090868, No. 13–4146 (10th Cir. Aug. 31, 2015)   Plaintiffs (cosmetic surgeons) sued defendants (plastic surgeons) for false advertising under the Lanham Act and monopolization under the Sherman Act … Continue reading →

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