Tag Archives: secondary liability

Supplement guide was plausibly an agent of supplement company; direct and secondary liability available

Posted on March 22, 2023 by rtushnet

Ariix LLC v. Usana Health Sci., Inc., 2023 WL 2574319, No. 2:22-cv-00313-JNP-DAO (D. Utah Mar. 20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. “Nutritional … Continue reading →

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contributory liability possible for lawyers in timeshare exit cases

Posted on September 30, 2021 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Cal. Apr. 12, 2021) Another timeshare company v. timeshare exit company case. Here, Diamond sued both the marketers who seek exit clients … Continue reading →

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Microsoft dodges some false advertising claims based on its security offerings

Posted on September 9, 2021 by rtushnet

Tocmail Inc. v. Microsoft Corp., 2020 WL 9210739, No. 20-60416-CIV-SMITH (S.D. Fla. Nov. 6, 2020) From the deepest depths of backlog: Tocmail alleged that Microsoft’s deceptive promotions of its cyber-security service, Safe Links, constituted false advertising and contributory false advertising. … Continue reading →

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Amazon pulls further ahead of possible competitors in TM secondary liability wars

Posted on September 3, 2021 by rtushnet

Ohio State Univ. v. Redbubble, Inc., No. 19-3388 (6th Cir. Feb. 25, 2021) “Because Amazon’s marketplace operates as a neutral intermediary between consumers and third-party vendors, courts have typically not found it liable for trademark-infringing goods sold through its platform.” … Continue reading →

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Lexmark allows direct and contributory false advertising claims against certifier

Posted on August 27, 2021 by rtushnet

U.S. Structural Plywood Integrity Coalition v. PFS Corp., No. 19-62225-CIV-ALTMAN, 2021 WL 810279 (S.D. Fla. Mar. 3, 2021) Sometimes I worry that judicial writing is tending too much towards the flip as it moves away from prolixity, but this is … Continue reading →

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pharma database isn’t commercial speech about listed products

Posted on August 25, 2021 by rtushnet

Alfasigma USA, Inc. v. First Databank, Inc., 2021 WL 930453, No. 18-cv-06924-HSG (N.D. Cal. Mar. 11, 2021) Previous opinion. Alfasigma makes medical foods, which are allegedly not properly described as OTC. It sued First Databank for coding implemented in the … Continue reading →

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aiding and abetting liability in false advertising cases

Posted on August 9, 2021 by rtushnet

 Bonus: Civil RICO claims survive! Sihler v. Fulfillment Lab, Inc., 2021 WL 1293839, No. 3:20-cv-01528-H-MSB (S.D. Cal. Apr. 7, 2021) Defendants allegedly used fake celebrity endorsements and reviews and misrepresentations about price and limited availability to induce consumers to buy … Continue reading →

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Copyright year in review

Posted on December 10, 2020 by rtushnet

I had a great time presenting this to the Copyright Society of Los Angeles. My slides. This is going to be an opinionated overview; I know you’re an expert audience and I’m going to try to highlight developments you may … Continue reading →

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No contributory liability for athlete union’s endorsement of supplement

Posted on August 6, 2020 by rtushnet

DNA Sports Performance Lab, Inc. v. Major League Baseball, 2020 WL 4430793, No. C 20-00546 WHA (N.D. Cal. Aug. 1, 2020)  Courts seem to perceive people affiliated with TM/(c) infringers as more blameworthy than people affiliated with false advertisers. One … Continue reading →

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Just stocking a falsely advertised product isn’t enough for contributory liability

Posted on June 2, 2020 by rtushnet

In re Outlaw Laboratory, LLP, 2020 WL 2797425, No. 18-CV-0840-GPC (S.D. Cal. May 29, 2020)  Plaintiff makes male enhancement products, allegedly in compliance with the DHSEA. It sued 51 convenience and liquor stores in the San Diego, California area; 23 … Continue reading →

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