Tag Archives: remedies

Clearblue’s corrective advertising not so clear

Posted on March 6, 2017 by rtushnet

Via Alex Roberts: As she said, only a lawyer could love it–also that URL; who’d type that in? from Blogger http://ift.tt/2muAYMc

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Failure to show causation leads court to overturn jury verdict against false advertising

Posted on February 2, 2017 by rtushnet

A.L.S. Enters., Inc. v. Robinson Outdoor Prods., LLC, No. 14-CV-500, 2017 WL 393307 (W.D. Mich. Jan. 30, 2017) ALS sued Robinson for false advertising of Robinson’s Trinity scent-control hunting clothing. The jury returned a verdict for ALS, awarding ALS $1.3 … Continue reading →

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Disgorgement isn’t distinguishable from restitution in ordinary consumer protection case

Posted on January 31, 2017 by rtushnet

Brazil v. Dole Packaged Foods, LLC, 660 Fed.Appx. 531 (9th Cir. 2016) Brazil brought the usual California claims, alleging that defendants deceptively described their fruit products as “All Natural Fruit.” Brazil property alleged that Dole’s labels were deceptive given that … Continue reading →

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Reading list: 2016 TM year in review

Posted on January 4, 2017 by rtushnet

 Mark P. McKenna & Shelby Niemann, 2016 Trademark Year in Review: This brief essay reviews some of the most significant developments in trademark law during the past year. In most cases we have interpreted “year” fairly liberally, particularly to highlight some … Continue reading →

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Contracts can last longer than headaches: 1990 consent decree bars comparisons today

Posted on December 30, 2016 by rtushnet

Pfizer Inc. v. McNeil-PPC, Inc., 183 F. Supp. 3d 491 (S.D.N.Y. 2016) A twenty-six-year-old consent decree resolving false advertising claims bans certain comparisons between Advil (Pfizer) and Tylenol (McNeil). Several years after the decree’s entry, Pfizer introduced Advil products designed … Continue reading →

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When does a false advertising case create a right to a jury trial?

Posted on December 15, 2016 by rtushnet

Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., — F.Supp.3d —-, 2016 WL 7223279, No. 13–12553 (D. Mass. Dec. 13, 2016) The parties compete for the market in products used for bowel preparation before colonoscopies, and each alleged that the other … Continue reading →

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Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands

Posted on December 6, 2016 by rtushnet

Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims.  Thus, they have imposed … Continue reading →

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Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands

Posted on December 6, 2016 by rtushnet

Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims.  Thus, they have imposed … Continue reading →

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Notre Dame Law Review Symposium, Panel Three

Posted on November 14, 2016 by rtushnet

Moderated by Shubham Mukherjee Graeme B. Dinwoodie, University of Oxford Law, “Territoriality in the Protection and Enforcement of Trademark Rights” As trade becomes more geog. expansive, so too do TM rights need to expand. Not new: goes back to 1883 … Continue reading →

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Florida man held liable for false green coffee claims

Posted on November 4, 2016 by rtushnet

FTC v. NPB Advertising, Inc., No. 14-cv-1155, 2016 WL 6493923 (M.D. Fla. Nov. 2, 2016) The FTC sued Nicholas Congleton and others under Section 5 of the FTC Act for engaging in false or deceptive advertising. Congleton received an email … Continue reading →

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