Tag Archives: remedies

Just stocking a falsely advertised product isn’t enough for contributory liability

In re Outlaw Laboratory, LLP, 2020 WL 2797425, No. 18-CV-0840-GPC (S.D. Cal. May 29, 2020)  Plaintiff makes male enhancement products, allegedly in compliance with the DHSEA. It sued 51 convenience and liquor stores in the San Diego, California area; 23 … Continue reading

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court rejects HomeAdvisor’s First Amendment defense of its misleading ads

People ex rel. Gascon v. HomeAdvisor, Inc., A154960, 2020 WL 2486970 (Cal. Ct. App. May 14, 2020) HomeAdvisor appealed an injunction barring it from broadcasting certain ads (except with a disclaimer, for a limited time). HomeAdvisor argued that the order … Continue reading

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2d Circuit: no irreparable injury where website tracks clicks to buy

Carson Optical, Inc. v. Alista Corp., No. 19-2509, — Fed.Appx. —-, 2020 WL 1683460 (Mem) (2d Cir. Apr. 7, 2020) Interesting—the Second Circuit approves the district court’s reasoning that online sales can be tracked perfectly, and thus financial harm from … Continue reading

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Selling scammy books is protected by the First Amendment when selling scammy products isn’t

Federal Trade Comm’n v. Agora Financial, LLC, 2020 WL 998734, No. 1:19-cv-3100-SAG (D. Md. Mar. 2, 2020) The defendants do relatively well here by selling scammy and deceptive books. To the extent that the deception is contained in the books, … Continue reading

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Trademark Scholars Roundtable, Stanford part 3

Session 3: Remedies in Trademark and Unfair Competition Cases   Introduction: Mark Lemley, Leah Chan Grinvald Discussant: Laura Heymann, Eric Goldman   [I had another conference in the morning so came in late.] Discussion of eBay’s effects. Burrell: In other … Continue reading

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False advertising of flanges leads to rare recall and some disgorgement

Boltex Manufacturing Co. v. Ulma Piping USA Corp., 2020 WL 598284, No. 4:17-CV-01400 (S.D. Tex. Feb. 7, 2020) Followup on the multimillion-dollar verdict in this false advertising case. A jury found that defendants falsely advertised their carbon steel flanges as … Continue reading

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post-complaint changes prevent finding of irreparable harm

Pegasystems, Inc. v. Appian Corp., 2020 WL 137301, No. 19-11461-PBS (D. Mass. Jan. 13, 2020) Following on its denial of a motion to dismiss, the court denied a motion for preliminary injunction in this false advertising case. Because the alleged … Continue reading

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confusion is not irreparable harm in false advertising case

AMETEK CTS US, Inc. v. Advanced Test Equipment Corp., No.19-cv-02348-H-AHG, 2020 WL 133888 (S.D. Cal. Jan. 13, 2020) The parties operate in the market for “sophisticated electronic instruments in the automotive, telecommunications, energy, aerospace, power, research, medical and industrial markets.” … Continue reading

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nontestifying students are entitled to relief from for-profit’s false advertising

State v. Minnesota School of Business, Inc., — N.W.2d —-, 2019 WL 5778078, No. A17-1740 (Minn. Nov. 6, 2019) How do you decide whether nontestifying members of a class have been harmed? A majority here, over two dissenting Justices, finds … Continue reading

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incentivized reviews/targeted upvoting can be false advertising, court reiterates

Vitamins Online, Inc. v. HeartWise, Inc., No. 13-CV-982 (D. Utah Sept. 24, 2019) Supplement industry behavior is wild.   Vitamins Online sells dietary supplements online, including on Amazon, using the name NutriGold. HeartWise, aka NatureWise, competes with NutriGold, including on Amazon, … Continue reading

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