Tag Archives: remedies

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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Panel on design patent remedies, Sept. 13

Posted on September 7, 2017 by rtushnet

“Next Up In Apple/Samsung Smartphone Wars: Design Patent Remedies Following The SCOTUS Decision” Wednesday, September 13th 9:00am – 10:30am The National Press Club Zenger Room 529 14th Street NW Speakers include: Carl Cecere, Counsel, Hispanic Leadership Fund and the National … Continue reading →

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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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