Tag Archives: remedies

over dissent, 9th Cir. denies injury presumption to false advertising claimant

Posted on October 12, 2021 by rtushnet

Quidel Corp. v. Siemens Medical Solutions USA, Inc., 2021 WL 4622504, No. 20-55933, No. 3:16-cv-03059-BAS-AGS (9th Cir. Oct. 7, 2021) Quidel appealed the grant of summary judgment to Siemens on Quidel’s Lanham Act false advertising claims and related state claims. … Continue reading →

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counting chickens: should disgorgement be harder for false advertising than for TM?

Posted on October 11, 2021 by rtushnet

Certified Neutraceuticals Inc. v. Clorox Co., 2021 WL 4460806, No. 18-cv-0744 W (KSC) (S.D. Cal. Sept. 29, 2021) The Clorox defendants sell dietary supplements using the raw materials provided by Certified’s competitor, Avicenna. Certified alleged Lanham Act false advertising based … Continue reading →

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NY can still seek disgorgement even if FTC can’t

Posted on October 8, 2021 by rtushnet

Federal Trade Comm’n v. Vyera Pharms., LLC, 2021 WL 4392481, No. 20cv00706 (DLC) (S.D.N.Y. Sept. 24, 2021) Featuring Martin Shkreli as a defendant! The FTC, with NY and a number of other states, sued Vyera for violating the antitrust laws … Continue reading →

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consumer’s bid to enjoin Redbubble’s sale of “counterfeits” fails

Posted on October 5, 2021 by rtushnet

Vinluan-Jularbal v. Redbubble, Inc., No. 2:21-cv-00573-JAM-JDP, 2021 WL 4286539 (E.D. Cal. Sept. 21, 2021) Plaintiff thinks Redbubble sells a lot of “counterfeits” and wants that enjoined under the UCL and CLRA. Despite ruling in her favor on a lot of … Continue reading →

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Made-in-USA claims over tea survive; “America’s Classic” could be falsifiable in context

Posted on September 24, 2021 by rtushnet

Banks v. R.C. Bigelow, Inc., — F.Supp.3d —-, 2021 WL 1734779, No. 20-cv-6208 DDP (RAOx) (C.D. Cal. May 3, 2021) Plaintiffs sued over tea labeled “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED” and “AMERICA’S CLASSIC.” However, the tea leaves … Continue reading →

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4th Circuit continues its Lanham Act frolic, notes overbreadth of expansive injunctive relief

Posted on September 22, 2021 by rtushnet

De Simone v. Alfasigma USA, Inc., No. 19-1731, 847 Fed.Appx. 174 (4th Cir. Feb. 17, 2021) Depressingly doubling down on its bizarre interpretation of the Lanham Act first created by misinterpreting California’s UCL, the Fourth Circuit nonetheless mitigates some of … Continue reading →

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even admissions and severe financial distress don’t justify TRO/asset freeze in false advertising case

Posted on September 22, 2021 by rtushnet

SI03, Inc. v. Musclegen Research, Inc., 2021 WL 765293, No. 1:16-CV-274 RLW (E.D. Mo. Feb. 26, 2021) The parties compete to sell protein powder to consumers. SI03 originally sued for false advertising and related claims, and Musclegen counterclaimed similarly. SI03 … Continue reading →

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continued desire to purchase TVs suffices for California standing

Posted on September 21, 2021 by rtushnet

Julian v. TTE Technol., Inc., 2021 WL 810228, No. 20-cv-02857-EMC (N.D. Cal. Mar. 3, 2021) Plaintiffs alleged false advertising of TTE’s TVs in violation of California and New Jersey law; the court granted the motion to dismiss but allowed leave … Continue reading →

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Lost profits aren’t restitution for California UCL purposes

Posted on September 17, 2021 by rtushnet

Lee v. Luxottica Retail North America, Inc., — Cal.Rptr.3d —-, 2021 WL 2451109, A157657 (Ct. App. Jun. 16, 2021) Lee, on behalf of a putative class of California optometrists with independent optometry practices, brought suit against a competing chain of … Continue reading →

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9th Circuit: desire to purchase properly labeled product is too abstract for injunctive relief standing

Posted on September 16, 2021 by rtushnet

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 20-15742 (9th Cir. Aug. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. The district court certified a class … Continue reading →

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