Tag Archives: secondary liability

contributory liability possible for lawyers in timeshare exit cases

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

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

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

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

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

 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

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

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

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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1201 claim to control device features survives

Philips North America, LLC v. v. Summit Imaging Inc., 2020 WL 1515624, No. C19-1745JLR (W.D. Wash. Mar. 30, 2020) But I was told that after Lexmark and Chamberlain, manufacturers weren’t using §1201 claims to control devices! The parties compete to … Continue reading

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