Tag Archives: remedies

continued desire to purchase TVs suffices for California standing

Posted on September 21, 2021 by rtushnet

Julian v. TTE Technol., Inc., 2021 WL 810228, No. 20-cv-02857-EMC (N.D. Cal. Mar. 3, 2021) Plaintiffs alleged false advertising of TTE’s TVs in violation of California and New Jersey law; the court granted the motion to dismiss but allowed leave … Continue reading →

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Lost profits aren’t restitution for California UCL purposes

Posted on September 17, 2021 by rtushnet

Lee v. Luxottica Retail North America, Inc., — Cal.Rptr.3d —-, 2021 WL 2451109, A157657 (Ct. App. Jun. 16, 2021) Lee, on behalf of a putative class of California optometrists with independent optometry practices, brought suit against a competing chain of … Continue reading →

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9th Circuit: desire to purchase properly labeled product is too abstract for injunctive relief standing

Posted on September 16, 2021 by rtushnet

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 20-15742 (9th Cir. Aug. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. The district court certified a class … Continue reading →

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competitor has state, federal standing to challenge nondisparaging false ads

Posted on September 9, 2021 by rtushnet

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?

Posted on September 6, 2021 by rtushnet

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

Posted on August 27, 2021 by rtushnet

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

Posted on August 18, 2021 by rtushnet

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

Posted on August 13, 2021 by rtushnet

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

Posted on August 12, 2021 by rtushnet

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

Posted on August 12, 2021 by rtushnet

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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