Tag Archives: remedies

reading list: Willis on remedies for consumer fraud

Posted on August 21, 2017 by rtushnet

Lauren E. Willis, Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017) Abstract In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the … Continue reading →

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Depressed sales and asserted loss of prestige aren’t irreparable harm

Posted on June 7, 2017 by rtushnet

Puma SE v. Forever 21, Inc., No. 17-cv-02523 (C.D. Cal. Jun. 2, 2017) H/T Sarah Burstein.  Puma sued Forever 21 for allegedly counterfeiting its Fenty line of shoes.  (Puma asserted copyright infringement and design patent infringement as well as trademark … Continue reading →

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Overstock ordered to pay multimillion penalty for falsely advertising comparison prices

Posted on June 5, 2017 by rtushnet

People v. Overstock.Com, Inc., — Cal.Rptr.3d —-, 2017 WL 2391814, No. A141613 (Cal. Ct. App. Jun. 2, 2017) The trial court found that Overstock, an online retailer whose value proposition is “the lowest prices on the Internet,” had engaged in … Continue reading →

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Another outlet price deception case, with pictures

Posted on May 15, 2017 by rtushnet

Stathakos v. Columbia Sportswear Co., 2017 WL 1957063, No. 15-cv-04543 (N.D. Cal. May 11, 2017) The parties sued Columbia, bringing the usual California claims, for alleged use of deceptive and misleading reference prices on merchandise in its company-owned Columbia outlet … Continue reading →

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remedial actions prevent finding of irreparable harm for TRO

Posted on May 10, 2017 by rtushnet

Ocusoft, Inc. v. Walgreen Co., 2017 WL 1838106, No. H-17-1037 (S.D. Tex. May 8, 2017) Ocusoft sells “the first commercially available eyelid cleanser, Ocusoft Lid Scrub,” which Walgreens aells alongside its private label eyelid cleansing pads, which are routinely placed … Continue reading →

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Lost sales as irreparable harm

Posted on May 1, 2017 by rtushnet

Epson America, Inc. v. USA111, Inc., No. 17-cv-00129, 2017 WL 1484400 (D.S.C. Apr. 26, 2017) Let’s admit it: the case law is a mess on this.  Epson sued its competitor, d/b/a iRULU, for falsely advertising its portable consumer projectors, specifically … Continue reading →

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California Supreme Court finds waiver of statutory remedies unenforceable even as part of arbitration

Posted on April 10, 2017 by rtushnet

McGill v. Citibank, N.A., No. S224086, 2017 WL 1279700 (Cal. Apr. 6, 2017) Statutory remedies available for a violation of the CLRA, UCL, and FAL include public injunctive relief: injunctive relief that has “the primary purpose and effect of prohibiting … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

Posted on March 10, 2017 by rtushnet

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise very detailed © statute, … Continue reading →

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Unrelated cy pres recipient and disfavored coupon offer doom settlement approval

Posted on March 9, 2017 by rtushnet

Hofmann v. Dutch LLC, No. 14-cv-02418, 2017 WL 840646 (S.D. Cal. Mar. 2, 2017) The court rejected plaintiff’s unopposed third motion for preliminary approval of the proposed class settlement in this case involving allegedly false “Made in the USA” claims … Continue reading →

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