Tag Archives: remedies

TrueCar’s false claims not subject to car dealers’ challenge without evidence of injury

Dependable Sales & Service, Inc. v. Truecar, Inc., 2019 WL 3067115, No. 15-cv-1742 (PKC) (S.D.N.Y. Jul. 12, 2019) Lots of prior rulings about various aspects of this false advertising claim in the general field of auto sales. TrueCar successfully moved … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

dueling fake “independent” websites leads to unclean hands finding, but some injunctive relief

Grasshopper House, LLC v. Clean & Sober Media LLC, 2019 WL 2762936, No. 18-cv-00923-SVW-RAO (C.D. Cal. Jul. 1, 2019) Previous discussion. A jury found in plaintiff Passages’ favor on its claims under the Lanham Act about false reviews of its … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Third Circuit requires showing irreparable harm in (c) case, rejects “compelled speech” argument

TD Bank N.A. v. Hill, No. 16-2897 (3d Cir. Jul. 1, 2019) Commerce Bank, which merged with TD Bank, has been in a “bitter feud” with its former CEO, Vernon Hill II. TD Bank sued Hill, alleging that a portion … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

The probiotic worm turns: previous PI loser wins $15 million in Lanham Act case

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2019 WL 2569574 (D. Md. Jun. 20, 2019) Previous discussions.  The parties compete in offering a probiotic product; De Simone used to license his formulation to VSL, then went out on his … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

class action settlement can’t surrender state agency/CFPB’s rights to recover

Consumer Protection Division v. Linton, 2019 WL 1770524, No. 2609 (Md. Ct. Spec. App. Apr. 22, 2019) The court explains: The class action settlement at issue here involves vulnerable people who were poisoned by lead in their homes. Before they … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Fifth Circuit upholds denial of disgorgement despite willfulness & some sales diversion

Retractable Technologies, Incorporated v. Becton Dickinson & Co., — F.3d —-, 2019 WL 1346002, No. 17-40960 (5th Cir. Mar. 26, 2019) “A jury found that Becton Dickinson & Co. falsely advertised its products for years. The district court determined that … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

smells bad? 9th Circuit approves tuna voucher settlement as not a coupon settlement

Hendricks v. Ference, 754 Fed.Appx. 510 (9th Cir. 2018) Objectors appealed the approval of a class action settlement over the alleged under-filling of Starkist tuna cans; over a partial dissent, the court of appeals affirmed. In particular, the court affirmed … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment