Tag Archives: remedies

seller-incentivized reviews might be misleading (and violate FTC guidelines)

Posted on February 16, 2016 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 538458, No. 13-CV-982 (D. Utah Feb. 9, 2016)   The parties (plaintiff d/b/a NutriGold and defendant d/b/a NatureWise) make and sell dietary supplements online, including on Amazon; their competing products  include one … Continue reading →

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California claims for injunctive relief can’t be remanded after CAFA removal

Posted on February 8, 2016 by rtushnet

Mezzadri v. Medical Depot, Inc., 113 F. Supp. 3d 1061 (S.D. Cal. 2015)   The rule against claim-splitting clashes with the injustice of the ability of a defendant to destroy a form of relief by removing a complaint from state … Continue reading →

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Showing irreparable harm isn’t easy

Posted on January 25, 2016 by rtushnet

Pruvit Ventures, Inc. v. ForeverGreen International LLC, — F.Supp.3d —-, 2015 WL 9876952 No. 15-CV-571 (E.D. Tex. Dec. 23, 2015) (magistrate judge)   Defendants moved for a preliminary injunction on their counterclaims involving dietary suppplements.  Defendant Axcess is the exclusive … Continue reading →

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Selfie restraint: It’s hard to show fame and irreparable harm

Posted on December 30, 2015 by rtushnet

ArcSoft, Inc. v. Cyberlink Corp., 2015 WL 9455516, No. 15-cv-03707 (N.D. Cal. Dec. 28, 2015)   ArcSoft makes the Perfect365 selfie editing app, and sued defendants for infringing and diluting the trademarks/trade dress of that app with their YouCam Perfect … Continue reading →

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Court rejects recall when falsely advertising defendant already notified customers

Posted on November 23, 2015 by rtushnet

Riverdale Mills Corp. v. Cavatorta North America, Inc., 2015 WL 7295541, No. 4:15-CV-40132 (Nov. 18, 2015)   Riverdale makes welded wire mesh for use in marine traps using a “galvanized after welding” (GAW) process followed by a polyvinyl chloride (PVC) … Continue reading →

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Christmas in November: No TRO for alleged false advertising because no showing of irreparable harm

Posted on November 17, 2015 by rtushnet

Balsam Brands Inc. v. Cinmar, LLC, 2015 WL 7015417, No. 15-cv-04829 (N.D. Cal. Nov. 12, 2015)   Balsam sought a TRO based on claimed patent rights in an invertible artificial Christmas tree, the “Flip Tree,” that includes a “pivot joint” … Continue reading →

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FTC is entitled to presumption of reliance in enforcing consent order

Posted on November 10, 2015 by rtushnet

FTC v. BlueHippo Funding, LLC, No. 1:08-cv-01819 (S.D.N.Y. Nov. 6, 2015)   BlueHippo stipulated to a final judgment and permanent injunction against certain sales practices.  The FTC moved for a contempt finding based on the practices described below, which was … Continue reading →

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estimated retail value claim isn’t puffery

Posted on November 5, 2015 by rtushnet

Kabbash v. Jewelry Channel, Inc. USA, 2015 WL 6690236 (C.D. Cal. Nov. 2, 2015)   Holding of most general interest: “Estimated retail value” statements and statements of discount or savings amounts at check-out where the discount calculations were based on … Continue reading →

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Only connect: security company enjoined from false association with ADT

Posted on November 2, 2015 by rtushnet

ADT, LLC v. Capital Connect, Inc., 2015 WL 6549277, No. 3:15-CV-2252 (N.D. Tex. Oct. 28, 2015)   ADT provides electronic security services and equipment to nearly one quarter of those American homes that are equipped with alarm systems. It sued … Continue reading →

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Class claims down the toilet? Court stays lawsuit for FTC action

Posted on October 9, 2015 by rtushnet

Belfiore v. Procter & Gamble Co., — F.Supp.3d —-, 2015 WL 5781541, No. 14–CV–4090 (E.D.N.Y. Oct. 5, 2015)   The district court stayed six related consumer class actions against “flushable” wipes on the ground that the FTC could probably protect … Continue reading →

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