Tag Archives: remedies

9th Circuit finds laches in false advertising case

Posted on August 25, 2025 by rtushnet

World Nutrition Inc. v. Advanced Supplementary Tech. Corp., 2025 WL 2427613, No. 24-4976 (9th Cir. Aug. 22, 2025) Over a partial dissent, the court of appeals reverses the district court’s refusal of a laches defense in this false advertising case, … Continue reading →

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court upholds nine-figure verdict in false advertising case

Posted on August 1, 2025 by rtushnet

Guardant Health, Inc. v. Natera, Inc., 2025 WL 2106522, No. 21-cv-04062-EMC (N.D. Cal. Jul. 28, 2025) Previous opinion discussed here. Guardant sued Natera for falsely advertising a clinical test; after the court denied a PI, it conducted a trial at … Continue reading →

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amicus in Prevagen v. FTC appeal

Posted on July 25, 2025 by rtushnet

 Led by Truth in Advertising; I was happy to sign on. from Blogger http://tushnet.blogspot.com/2025/07/amicus-in-prevagen-v-ftc-appeal.html

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claim of failure to warn of kratom’s addiction potential not preempted; a “disease claim” involves helping, not causing, disease

Posted on July 3, 2025 by rtushnet

J.J. v. Ashlynn Marketing Gp., 2025 WL 1811854, No. 24-cv-00311-GPC-MSB (S.D. Cal. Jul. 1, 2025) Plaintiffs sued on behalf of putative nationwide, California, and NY classes, alleging that Ashlynn failed to warn consumers of the potentially addictive nature of its … Continue reading →

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Lanham Act false advertising disgorgement is equitable; no jury trial required

Posted on May 12, 2025 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Wesley Financial Group, LLC, No. 3:20-CV-00251-DCLC-DCP, 2025 WL 1334625 (E.D. Tenn. May 7, 2025) Another timeshare case! Diamond alleged that defendants engaged in “a deceptive timeshare cancellation business” that induces Diamond’s timeshare owners … Continue reading →

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7th Circuit allows nationwide injunction under Illinois consumer protection law

Posted on April 28, 2025 by rtushnet

Republic Technol. (NA), LLC v. BBK Tobacco & Foods, LLP, — F.4th —-, 2025 WL 1201401, No. 23-2973, No. 23-3096 (7th Cir. 2025) Republic and BBK (aka HBI) compete in the market for organic hemp rolling papers for cigarettes. Republic … Continue reading →

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false claims of buying and “rebranding” a festival lead to disclosure/correction remedies

Posted on March 14, 2025 by rtushnet

Nantucket Wine & Food Festival, LLC v. Gordon Companies, Inc., — F.Supp.3d —-, No. 24-11640-LTS, 2024 WL 5442374 (D. Mass. Dec. 12, 2024) Wild facts here. Plaintiff NWF runs an annual, multi-day event on Nantucket called the Nantucket Wine & … Continue reading →

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court once again reduces false advertising statutory damages award to 10% of request on constitutional grounds

Posted on March 12, 2025 by rtushnet

Montera v. Premier Nutrition Corp., 2025 WL 751542, No. 16-cv-06980-RS (N.D. Cal. Mar. 10, 2025) I just taught this case!—The court once again, after remand, reduces a statutory damages award based on NY consumer protection law from $83 million to … Continue reading →

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disgorging a CEO’s salary, then trebling the amount?

Posted on February 27, 2025 by rtushnet

Multiple Energy Technologies, LLC v. Casden, 2025 WL 579641, № 2:21-cv-01149-ODW (RAOx) (C.D. Cal. Feb. 21, 2025) I just posted about courts’ increasing openness to disgorgement. Here, the court trebles an award in a way that seems definitionally disconnected to … Continue reading →

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Remedy creep: SCt seems to endorse more disgorgement

Posted on February 27, 2025 by rtushnet

Dewberry Group, Inc. v. Dewberry Engineers Inc., No. 23–900 (Feb. 26, 2025) We’ve gone very fast from most lower courts saying that willfulness was required for Lanham Act disgorgement/profits awards, to the Court saying that it wasn’t required but was … Continue reading →

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