Tag Archives: remedies

Sazerac will pay fees for its buffalo stance

Posted on December 11, 2017 by rtushnet

Sazerac Company, Inc. v. Fetzer Vineyards, Inc., 2017 WL 6059271, No. 15-cv-04618 (N.D. Cal. Dec. 7, 2017) The court here awards defendants its fees for proceeding past summary judgment in this trademark infringement case. “This was an exceptionally weak case,” … Continue reading →

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Court says shoo to Scat’s infringement claim against Dodge

Posted on December 8, 2017 by rtushnet

Scat Enterprises, Inc. v. FCA US LLC, 2017 WL 5896182, No. CV 14-7995 (C.D. Cal. Jun. 8, 2017) Scat, a maker of aftermarket car parts, sued over FCA’s use of “Scat Pack” in connection with its Dodge Challenger and Dodge … Continue reading →

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reasonable consumers expect real estate agents to be licensed, but remedies are still limited by the 1A

Posted on November 30, 2017 by rtushnet

People ex rel. Flippo v. Silva, 2017 WL 5712601, No. H041209 (Cal. Ct. App. Nov. 28, 2017) Susana Silva operated Estates on the Bay, which advertised itself as a professional real estate company, while her real estate broker’s license was … Continue reading →

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Allegedly outdated comparison not enough to justify TRO in sophisticated industry

Posted on November 24, 2017 by rtushnet

NEXTracker, Inc. v. Array Technologies, Inc., 2017 WL 5625926, No. 17-cv-06582 (N.D. Cal. Nov. 22, 2017) The parties (NX and ATI) compete in the market for solar tracking devices, which “adjust the positioning of solar panels…to increase the efficiency of … Continue reading →

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To the spoliator does not go the victory in corporate betrayal case

Posted on November 20, 2017 by rtushnet

OmniGen Research, LLC v. Wang, No. 16-cv-268, 2017 WL 5505041 (D. Or. Nov. 16, 2017) After OmniGen successfully moved for a default judgment in its favor due to spoliation of evidence, the court awarded damages on OmniGen’s trade secret, false … Continue reading →

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physical harm to the public isn’t irreparable harm for competitor plaintiff

Posted on November 16, 2017 by rtushnet

Nutrition Distribution, LLC v. Enhanced Athlete, Inc., 2017 WL 5467252, No. 17-cv-2069 (E.D. Cal. Nov. 14, 2017) Defendants allegedly falsely advertised products containing 2,4-Dinitrophenol (DNP) to body builders, gym users, and the like. Defendants allegedly promote it as an ingestible … Continue reading →

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Church & Dwight not protected against challenge to “Made in USA” claim for condoms

Posted on November 15, 2017 by rtushnet

Claiborne v. Church & Dwight Co., 2017 WL 5256752, No. 17-cv-00746 (S.D. Cal. Nov. 13, 2017) At least two lines of Trojan brand male condoms have the words “Made in U.S.A.” printed on the packaging. This statement allegedly violates California … Continue reading →

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Likely success & irreparable harm still doesn’t justify ex parte TRO against false ad. given counterspeech

Posted on October 27, 2017 by rtushnet

Verified Nutrition, LLC v. Sclar, 2017 WL 4785948, No. 17-cv-07499 (C.D. Cal. Oct. 23, 2017) Verified sells ProstaGenix, which is “an all-natural supplement with a proprietary form of Beta-sitosterol” (BetaRexin). Verified primarily advertises ProstaGenix through an infomercial featuring Larry King, … Continue reading →

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Consumer’s ability to trust future representations provides standing to seek injunctive relief

Posted on October 16, 2017 by rtushnet

Delman v. J. Crew Group, Inc., 2017 WL 3048657, No. 16-9219 (C.D. Cal. May 15, 2017) This is another factory outlet false advertising case. The J. Crew Factory Website sells clothing and other items at what appears to be a … Continue reading →

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Errant earrings: (c) but not trade dress success likely, still no irreparable harm

Posted on September 26, 2017 by rtushnet

Ear Charms, Inc. v. Bling Jewelry, Inc., 2017 WL 2957796, No. CV 16-02091 (C.D. Cal. Apr. 11, 2017) Sandra Callisto designed a “stylish alternative to pierced earrings” for Ear Charms, specifically “wave” earrings, which allegedly bore “a unique and distinctive … Continue reading →

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