Tag Archives: remedies

restitution unavailable in fed ct when damages are adequate, no matter what Cal state cts say

Posted on September 24, 2020 by rtushnet

Sonner v. Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020) In this amended opinion (original summarized here), the court elaborates on its reasoning that Sonner couldn’t abandon her damages claim on the eve of trial in this false advertising … Continue reading →

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Expedia’s unavailability claims sometimes literally false, maybe misleading; materiality is contested for trial

Posted on September 15, 2020 by rtushnet

Buckeye Tree Lodge v. Expedia, Inc., 2020 WL 5372246, No. 16-cv-04721-VC (N.D. Cal. Sept. 9, 2020) The court denies cross motions for summary judgment on whether Expedia violated the Lanham Act by suggesting that plaintiffs’ hotels could in theory be … Continue reading →

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seller’s private definition of “Made in USA” fails; disgorgement appropriate

Posted on September 9, 2020 by rtushnet

Newborn Bros. Co. v. Albion Engineering Co., 2020 WL 5015571, No. 12-2999 (NLH/KMW) After a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA” (a bit ironic given the name, … Continue reading →

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inhaler marketing is partly deceptive; P not required to resurvey revised material

Posted on September 8, 2020 by rtushnet

GlaxoSmithKline LLC v. Boehringer Ingelheim Pharms., Inc., 2020 WL 5258317, No. 19-5321 (E.D. Pa. Sept. 3, 2020) GSK partially succeeded and partially failed to preliminarily enjoin some of BI’s marketing in this case involving claims about different inhalers. Of broader … Continue reading →

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deceptive resort fee case against Marriott survives

Posted on August 18, 2020 by rtushnet

Hall v. Marriott Int’l, Inc., No. 19-CV-1715 JLS (AHG), 2020 WL 4727069 (S.D. Cal. Aug. 14, 2020) A class action against Marriott for deceptive “resort” and other added fees that make the total price of a hotel room impossible to … Continue reading →

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continued claim, including failure to edit existing YouTube video, leads to contempt finding

Posted on August 17, 2020 by rtushnet

De Simone v. VSL Pharmaceuticals, Inc., 2020 WL 4368103, No. TDC-15-1356 (D. Md. Jul. 30, 2020) Disclosure: I filed an amicus brief in support of De Simone on one legal issue (the proper standard for a Lanham Act literal falsity … Continue reading →

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9th Cir. revives suit against allegedly deceptive “prescription pet food” marketing

Posted on August 17, 2020 by rtushnet

Moore v. Mars Petcare US, Inc., No. 18-15026, — F.3d —-, 2020 WL 4331765 (9th Cir. Jul. 28, 2020) Over a dissent, the court of appeals reversed the dismissal of plaintiffs’ claims based on allegedly deceptive marketing of “so-called prescription … Continue reading →

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SEC v. Liu supports FTC’s pursuit of restitution in federal court

Posted on August 10, 2020 by rtushnet

Federal Trade Comm’n v. Elegant Solutions, Inc., Case No. SACV 19-1333 JVS (KESx), 2020 WL 4390381 (C.D. Cal. Jul. 6, 2020)  I mostly try to find interesting legal issues, but sometimes it’s good to point out the importance of the … Continue reading →

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FTC restrains unsubstantiated coronavirus claims

Posted on August 10, 2020 by rtushnet

Federal Trade Comm’n v. Golden Sunrise Nutraceutical, Inc., 2020 WL 4501968, No. 1:20-cv-01060-DAD-SKO (E.D. Cal. Aug. 5, 2020)  Dealing with coronavirus-related claims, the court grants a TRO against defendants, including Tieu (president and CEO of the corporate defendants) and Meis … Continue reading →

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context matters: “mineral-based” sunscreen with chemical-based active ingredients is plausibly deceptive

Posted on August 7, 2020 by rtushnet

Prescott v. Bayer Healthcare LLC, 2020 WL 4430958, No. 20-cv-00102-NC (N.D. Cal. Jun. 31, 2020) (magistrate) Plaintiffs alleged that defendants deceived consumers by labeling their sunscreens as “mineral-based” when the sunscreens contain active chemical ingredients. As the court explains,   … Continue reading →

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