Tag Archives: remedies

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

Posted on April 2, 2019 by rtushnet

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 →

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

Posted on April 1, 2019 by rtushnet

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 →

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making claims against counsel’s advice could be willful for disgorgement remedy

Posted on April 1, 2019 by rtushnet

Dependable Sales & Service, Inc. v. Truecar, Inc., No. 15-cv-1742 (PKC), 2019 WL 1407440 (S.D.N.Y. Mar. 27, 2019) “Plaintiffs are 108 new-car dealerships located throughout the United States.”  TrueCar is a lead generator: online, it puts consumers in contact with … Continue reading →

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failure to show damages from literal falsity still allowed injunctive relief

Posted on March 21, 2019 by rtushnet

Nutrition Distribution LLC v. IronMag Labs, LLC, No. CV 15-8233-R, 2018 WL 6264986 (C.D. Cal. Nov. 16, 2018( “This is a false advertising case between two competitors in the business of selling fitness supplements.” IronMag allegedly unlawfully marketed its products … Continue reading →

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consumer successfully pleads falsity for “weight management” supplement

Posted on March 19, 2019 by rtushnet

Nathan v. Vitamin Shoppe, Inc., 2019 WL 1200554, No. 17-cv-01590-BEN-KSC (S.D. Cal. Mar. 12, 2019) Vitamin Shoppe sells Garcinia Cambogia Extract with a label promising “Weight Management” and “Appetite Control.” Nathan alleged that this was false and misleading, since GCE … Continue reading →

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plaintiff suing for noncomparative false advertising fails to establish irreparable harm

Posted on March 15, 2019 by rtushnet

True Organic Products, Inc. v. California Organic Fertilizers, Inc., 2019 WL 1023888, No. 18-CV-1278 AWI EG (E.D. Cal. Mar. 4, 2019) If trademark owners have cause to bemoan eBay’s application to Lanham Act claims, false advertising plaintiffs have even more, … Continue reading →

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Misleading advertising that’s already leaving the market can’t support finding irreparable harm

Posted on February 25, 2019 by rtushnet

Danone, US, LLC v. Chobani, LLC, No. 18 Civ. 11702 (CM), 2019 WL 760040 (S.D.N.Y. Jan. 23, 2019) Danone sued Chobani for advertising that Chobani’s kids’ drinkable yogurt product, Gimmies Milkshakes, contains “33% less sugar than the leading kids’ drinkable … Continue reading →

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WIPIP 2019, University of Houston, Copyright panel

Posted on February 12, 2019 by rtushnet

Abandoning Copyrights, Aaron Perzanowski & Dave Fagundes: Unilateral transfer of rights. W/personal property you think about transfer to unknown but discrete third party, but in © abandoned rights are not up for grabs by some new claimant, but rather in … Continue reading →

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Wipe on, wipe off: after survey excluded, plaintiff wins jury verdict on false advertising windshield protector claim

Posted on November 10, 2018 by rtushnet

Illinois Tool Works Inc. v. Rust-Oleum Corporation, 2018 WL 5810327, No. H-17-2084 (S.D. Tex. Jun. 21, 2018)  ITW’s Rain-X and Rust-Oleum’s RainBrella water repellant product compete in the market for use on vehicle windshields. Rust-Oleum advertised that RainBrella lasted twice … Continue reading →

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Wipe on, wipe off: after survey excluded, plaintiff wins jury verdict on false advertising windshield protector claim

Posted on November 9, 2018 by rtushnet

Illinois Tool Works Inc. v. Rust-Oleum Corporation, 2018 WL 5810327, No. H-17-2084 (S.D. Tex. Jun. 21, 2018)  ITW’s Rain-X and Rust-Oleum’s RainBrella water repellant product compete in the market for use on vehicle windshields. Rust-Oleum advertised that RainBrella lasted twice … Continue reading →

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