Tag Archives: remedies

incentivized reviews/targeted upvoting can be false advertising, court reiterates

Posted on October 14, 2019 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., No. 13-CV-982 (D. Utah Sept. 24, 2019) Supplement industry behavior is wild.   Vitamins Online sells dietary supplements online, including on Amazon, using the name NutriGold. HeartWise, aka NatureWise, competes with NutriGold, including on Amazon, … Continue reading →

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Inability to quantify damages justifies finding irreparable harm

Posted on September 24, 2019 by rtushnet

Harbor Breeze Corp. v. Newport Landing Sportfishing, Inc., 2019 WL 4570033, No. SACV 17-01613-CJC(DFMx) (C.D. Cal. Aug. 26, 2019) Harbor Breeze won a jury verdict of false advertising against Newport, a competitor in the whale watching tour business, but received … Continue reading →

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proof of lost market share needs something extra to be irreparable harm

Posted on August 26, 2019 by rtushnet

BioTE Medical, LLC v. Jacobsen, 2019 WL 3943166, No. 18-cv-866 (E.D. Tex. Aug. 21, 2019) “BioTE provides hormone replacement therapy … through a method called Pellet Therapy,” using an allegedly custom and proprietary formula using “bio-identical and natural ingredients that … Continue reading →

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failure to disprove other possible sources of sales defeats irreparable harm in false ad/patent case

Posted on August 23, 2019 by rtushnet

Citrix Systems, Inc. v. Workspot, Inc., 2019 WL 3858602, No. 18-588-LPS (D. Del. Aug. 16, 2019) Citrix sued Workspot for patent infringement as well as false advertising/unfair competition under the Lanham Act, the Delaware Deceptive Trade Practices Act, and common … Continue reading →

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click tracking makes online false advertising harm reparable, preliminary injunction inappropriate

Posted on August 12, 2019 by rtushnet

Carson Optical, Inc. v. Alista Corp., 2019 WL 3729460, No. 19-cv-1725 (SJF)(AKT) (E.D.N.Y. Aug. 8, 2019) Carson sells three products on Amazon that have a magnifying mirror: a folding compact lighted mirror, a round lighted mirror with suction cup base, … Continue reading →

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TrueCar’s false claims not subject to car dealers’ challenge without evidence of injury

Posted on July 19, 2019 by rtushnet

Dependable Sales & Service, Inc. v. Truecar, Inc., 2019 WL 3067115, No. 15-cv-1742 (PKC) (S.D.N.Y. Jul. 12, 2019) Lots of prior rulings about various aspects of this false advertising claim in the general field of auto sales. TrueCar successfully moved … Continue reading →

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dueling fake “independent” websites leads to unclean hands finding, but some injunctive relief

Posted on July 3, 2019 by rtushnet

Grasshopper House, LLC v. Clean & Sober Media LLC, 2019 WL 2762936, No. 18-cv-00923-SVW-RAO (C.D. Cal. Jul. 1, 2019) Previous discussion. A jury found in plaintiff Passages’ favor on its claims under the Lanham Act about false reviews of its … Continue reading →

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Third Circuit requires showing irreparable harm in (c) case, rejects “compelled speech” argument

Posted on July 2, 2019 by rtushnet

TD Bank N.A. v. Hill, No. 16-2897 (3d Cir. Jul. 1, 2019) Commerce Bank, which merged with TD Bank, has been in a “bitter feud” with its former CEO, Vernon Hill II. TD Bank sued Hill, alleging that a portion … Continue reading →

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The probiotic worm turns: previous PI loser wins $15 million in Lanham Act case

Posted on June 26, 2019 by rtushnet

De Simone v. VSL Pharmaceuticals, Inc., No. TDC-15-1356, 2019 WL 2569574 (D. Md. Jun. 20, 2019) Previous discussions.  The parties compete in offering a probiotic product; De Simone used to license his formulation to VSL, then went out on his … Continue reading →

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class action settlement can’t surrender state agency/CFPB’s rights to recover

Posted on April 29, 2019 by rtushnet

Consumer Protection Division v. Linton, 2019 WL 1770524, No. 2609 (Md. Ct. Spec. App. Apr. 22, 2019) The court explains: The class action settlement at issue here involves vulnerable people who were poisoned by lead in their homes. Before they … Continue reading →

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