Tag Archives: remedies

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , , , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , , , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment