Tag Archives: remedies

competitor has state, federal standing to challenge nondisparaging false ads

Jerome’s Furniture Warehouse v. Ashley Furniture Industries, Inc., 2021 WL 1541649, No. 20CV1765-GPC(BGS) (S.D. Cal. Apr. 20, 2021) Jerome’s alleged false advertising under state and federal law based on Ashley’s alleged false advertising  “intended to deceive customers into falsely believing … Continue reading

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Is disgorgement the new normal in Lanham Act cases?

Grasshopper House, LLC v. Clean & Sober Media, LLC, 2021 WL 3702243, No. 19-56008, No. 19-56072, — Fed.Appx. —- (9th Cir. Aug. 20, 2021) The TMA’s injunctive relief changes are probably going to make it even more clear that courts … Continue reading

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Diamond hands: timeshare entity’s alleged misconduct towards consumers didn’t allow exit company to assert unclean hands

Diamond Resorts U.S. Collection Development, LLC v. Wesley Financial Group, LLC, No. 3:20-CV-251-DCLC-DCP, 2021 WL 3277260 (E.D. Tenn. Jul. 14, 2021) (R&R) In this timeshare v. timeshare exit company case, the judge recommended tossing the exit company’s unclean hands defense.  … Continue reading

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Overreaching and delay lead to defeat of TM owner’s claims

Sturgis Motorcycle Rally, Inc. v. Rushmore Photo & Gifts, Inc., 2021 WL 1176242, No. CIV. 11-5052-JLV (D.S.D. Mar. 29, 2021) This is part of a long-running trademark case, now over 10 years old. After a jury verdict for SMRI and … Continue reading

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reasonable consumer isn’t required to interpret ingredient list for naturalness

Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, No. 20-cv-09077-JSW,  2021 WL 3524047 (N.D. Cal. Aug. 6, 2021) Moore alleged that GSK falsely labeled certain ChapStick products with the claims “100% Natural,” “Natural,” “Naturally Sourced Ingredients,” and “100% Naturally Sourced … Continue reading

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IPSC: Remedies and Creativity

Panel 24 – Remedies: Thomas F. Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Ramirez—FCRA case where D allegedly failed to use reasonable care and people were falsely identified as potential terrorists; sought statutory damages, but most … Continue reading

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Cracks in the foundation: Laches and proximate cause defeat auto glass false advertising claim

Campfield v. Safelite Gp., Inc., 2021 WL 1215869, No. 2:15-cv-2733 (S.D. Oh. Mar. 31, 2021) Plaintiffs alleged that Safelite misrepresented the nature and characteristics of plaintiffs’ products to consumers in violation of the Lanham Act. Safelite counterclaimed for various business … Continue reading

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false advertising & bankruptcy law: $18 million for deceptive campaign in violation of automatic stay

In re Windstream Holdings, Inc., 627 B.R. 32 (S.D.N.Y. 2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers … Continue reading

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literal falsity as Q of fact v. law and other important issues in a dueling ladder case

Wing Enters., Inc. v. Tricam Indus., Inc., No. 17-cv-1769 (ECT/ECW), 2021 WL 63108 (D. Minn. Jan. 7, 2021) After remand because the court of appeals concluded that a materiality survey was wrongly excluded, the court here tries again in this … Continue reading

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intentional misleadingness obviates need for deception evidence

Aoki v. Gilbert, 2020 WL 6741693, No. 11-cv-02797-TLN-CKD (E.D. Cal. Nov. 17, 2020) The court explains: “Put most succinctly, at trial Plaintiffs contended Defendants infringed Dr. Aoki’s patents for his pulsed insulin diabetes treatment method; infringed Dr. Aoki’s copyrighted slides; … Continue reading

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