Tag Archives: remedies

Trademark Scholars Roundtable, Stanford part 3

Posted on March 2, 2020 by rtushnet

Session 3: Remedies in Trademark and Unfair Competition Cases   Introduction: Mark Lemley, Leah Chan Grinvald Discussant: Laura Heymann, Eric Goldman   [I had another conference in the morning so came in late.] Discussion of eBay’s effects. Burrell: In other … Continue reading →

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False advertising of flanges leads to rare recall and some disgorgement

Posted on February 11, 2020 by rtushnet

Boltex Manufacturing Co. v. Ulma Piping USA Corp., 2020 WL 598284, No. 4:17-CV-01400 (S.D. Tex. Feb. 7, 2020) Followup on the multimillion-dollar verdict in this false advertising case. A jury found that defendants falsely advertised their carbon steel flanges as … Continue reading →

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post-complaint changes prevent finding of irreparable harm

Posted on January 15, 2020 by rtushnet

Pegasystems, Inc. v. Appian Corp., 2020 WL 137301, No. 19-11461-PBS (D. Mass. Jan. 13, 2020) Following on its denial of a motion to dismiss, the court denied a motion for preliminary injunction in this false advertising case. Because the alleged … Continue reading →

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confusion is not irreparable harm in false advertising case

Posted on January 14, 2020 by rtushnet

AMETEK CTS US, Inc. v. Advanced Test Equipment Corp., No.19-cv-02348-H-AHG, 2020 WL 133888 (S.D. Cal. Jan. 13, 2020) The parties operate in the market for “sophisticated electronic instruments in the automotive, telecommunications, energy, aerospace, power, research, medical and industrial markets.” … Continue reading →

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nontestifying students are entitled to relief from for-profit’s false advertising

Posted on November 8, 2019 by rtushnet

State v. Minnesota School of Business, Inc., — N.W.2d —-, 2019 WL 5778078, No. A17-1740 (Minn. Nov. 6, 2019) How do you decide whether nontestifying members of a class have been harmed? A majority here, over two dissenting Justices, finds … Continue reading →

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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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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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