Tag Archives: remedies

Third Circuit affirms disgorgement award in “Made in the USA” case

Posted on December 11, 2025 by rtushnet

Newborn Bros. Co. v. Albion Engineering Co., No. 24-1548, No. 24-3046, 2025 WL 3540060 (3d Cir. Dec. 10, 2025) Along with his rally-going, Judge Bove did participate in this nonprecedential affirmance of various rulings, including disgorgement, in this false advertising … Continue reading →

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despite rejecting Lanham Act PI, court enjoins D from making negative statements about P in public if prospective customers might see

Posted on December 11, 2025 by rtushnet

Red Sense LLC v. Bohuslavskiy, 2025 WL 3539968, No. 25cv12281 (EP) (AME) (D.N.J. Dec. 10, 2025) This case illustrates that tortious interference has a small remaining scope—where there’s no “commercial advertising or promotion” because of the failure to solicit a … Continue reading →

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Fiskars can’t cut down $1.4 million disgorgement award

Posted on November 10, 2025 by rtushnet

Fiskars Finland OY AB v. Woodland Tools Inc., 2025 WL 3124111, No. 22-cv-540-jdp (W.D. Wisc. Nov. 7, 2025) Previously in this false advertising case the court sent to a jury part of Woodland’s claim against Fiskars for false advertising, based … Continue reading →

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9th Circuit finds laches in false advertising case

Posted on August 25, 2025 by rtushnet

World Nutrition Inc. v. Advanced Supplementary Tech. Corp., 2025 WL 2427613, No. 24-4976 (9th Cir. Aug. 22, 2025) Over a partial dissent, the court of appeals reverses the district court’s refusal of a laches defense in this false advertising case, … Continue reading →

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court upholds nine-figure verdict in false advertising case

Posted on August 1, 2025 by rtushnet

Guardant Health, Inc. v. Natera, Inc., 2025 WL 2106522, No. 21-cv-04062-EMC (N.D. Cal. Jul. 28, 2025) Previous opinion discussed here. Guardant sued Natera for falsely advertising a clinical test; after the court denied a PI, it conducted a trial at … Continue reading →

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amicus in Prevagen v. FTC appeal

Posted on July 25, 2025 by rtushnet

 Led by Truth in Advertising; I was happy to sign on. from Blogger http://tushnet.blogspot.com/2025/07/amicus-in-prevagen-v-ftc-appeal.html

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claim of failure to warn of kratom’s addiction potential not preempted; a “disease claim” involves helping, not causing, disease

Posted on July 3, 2025 by rtushnet

J.J. v. Ashlynn Marketing Gp., 2025 WL 1811854, No. 24-cv-00311-GPC-MSB (S.D. Cal. Jul. 1, 2025) Plaintiffs sued on behalf of putative nationwide, California, and NY classes, alleging that Ashlynn failed to warn consumers of the potentially addictive nature of its … Continue reading →

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Lanham Act false advertising disgorgement is equitable; no jury trial required

Posted on May 12, 2025 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Wesley Financial Group, LLC, No. 3:20-CV-00251-DCLC-DCP, 2025 WL 1334625 (E.D. Tenn. May 7, 2025) Another timeshare case! Diamond alleged that defendants engaged in “a deceptive timeshare cancellation business” that induces Diamond’s timeshare owners … Continue reading →

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7th Circuit allows nationwide injunction under Illinois consumer protection law

Posted on April 28, 2025 by rtushnet

Republic Technol. (NA), LLC v. BBK Tobacco & Foods, LLP, — F.4th —-, 2025 WL 1201401, No. 23-2973, No. 23-3096 (7th Cir. 2025) Republic and BBK (aka HBI) compete in the market for organic hemp rolling papers for cigarettes. Republic … Continue reading →

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false claims of buying and “rebranding” a festival lead to disclosure/correction remedies

Posted on March 14, 2025 by rtushnet

Nantucket Wine & Food Festival, LLC v. Gordon Companies, Inc., — F.Supp.3d —-, No. 24-11640-LTS, 2024 WL 5442374 (D. Mass. Dec. 12, 2024) Wild facts here. Plaintiff NWF runs an annual, multi-day event on Nantucket called the Nantucket Wine & … Continue reading →

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