Tag Archives: standing

sitting by designation, Judge Bibas says there’s no de minimis exception to Lanham Act false advertising

Posted on December 9, 2025 by rtushnet

Montway LLC v. Navi Transport Services LLC, — F.Supp.3d —-, 2025 WL 3151403, No. 25-cv-00381-SB (D. Del. Nov. 11, 2025) Judge Bibas either likes sitting by designation or is willing to take one for the team; here’s another of his … Continue reading →

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allegedly false claims for compounded weight loss drugs didn’t plausibly threaten Eli Lilly’s reputation

Posted on October 28, 2025 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2025 WL 2998166, No. 25-cv-03534-JSC (N.D. Cal. Oct. 24, 2025) Another of the cases in which Eli Lilly’s attempts to protect its GLP-antagonist market do surprisingly badly, once again highlighting the higher … Continue reading →

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general competitor has Lanham Act standing even if it doesn’t compete in alleged false advertiser’s subcategory

Posted on September 4, 2025 by rtushnet

Colorado Biolabs, Inc. v. Three Arrows Nutra, LLC, No. 3:25-CV-0601-D, 2025 WL 2524313 (N.D. Tex. Sept. 2, 2025) CBL sued Three Arrows for breach of a settlement agreement and related claims; Three Arrows counterclaimed along similar lines. The parties sell … Continue reading →

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5th Circuit agrees that joint TM owners can’t sue each other under any Lanham Act theory

Posted on July 4, 2025 by rtushnet

Reed v. Marshall, — F.4th —-, 2025 WL 1822673, No. 24-20198 (5th Cir. Jul. 2, 2025) Jade, an R&B, hip hop, and soul vocal group, rose to prominence in the 1990s. Jade disbanded in 1995, when the members began pursuing … Continue reading →

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honey producers have statutory standing to challenge Bayer’s claims to direct purchasers that herbicides were safe

Posted on March 26, 2025 by rtushnet

Coy’s Honey Farm, Inc. v. Bayer Corp., MDL No.:1:18-md-02820-SNLJ, No. 1:21-CV-089-SNLJ, 2025 WL 901264 (E.D. Mo. Mar. 25, 2025) Coy’s s a beekeeping and honey-producing operation. It alleged that dicamba-based herbicide products, including those produced by defendants, moved away from … Continue reading →

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National Republican Senatorial Committee loses ROP/Lanham Act/UCL claims against alleged “Scam PAC”

Posted on March 20, 2025 by rtushnet

National Republican Senatorial Committee v. Red Senate, 2025 WL 819711, No. 8:24-cv-02301-JVS-KES (C.D. Cal. Jan. 14, 2025) NRSC sued Red State, alleging that it was exploiting Senator Rick Scott’s “name, image, and likeness without his consent to deceive and scam … Continue reading →

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discovery rule applies to false “reference price” allegations at outlet stores

Posted on March 17, 2025 by rtushnet

Clark v. Eddie Bauer LLC, — F.Supp.3d —-, 2025 WL 814924, No. 2:20-cv-01106-RAJ (W.D. Wash. Mar. 12, 2025) A good choice for publication given that the opinion addresses (and rejects) some arguments I haven’t seen before. Clark sued Eddie Bauer … Continue reading →

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CAFA can’t prevent remand to state court where consumer protection claims are all equitable

Posted on October 17, 2024 by rtushnet

Haver v. General Mills, Inc., 2024 WL 4492052, No.: 3:24-cv-01269-CAB-MMP (S.D. Cal. Oct. 11, 2024) Interesting remand to state court. Haver sued under the UCL and FAL, alleging that GM deceptively marketed “Fruit Snacks” to contain “Real Fruit Juice,” when … Continue reading →

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9th Circuit refuses to kick out claim over benzene in sunscreen on standing

Posted on October 15, 2024 by rtushnet

Bowen v. Energizer Holdings, Inc., — F.4th —-, 2024 WL 4352496, No. 23-55116 (9th Cir. Oct. 1, 2024) Bowen sued Energizer for false advertising, alleging that its Banana Boat sunscreen was adulterated with dangerous levels of benzene, a carcinogen that … Continue reading →

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small competitor lacks standing against big one’s nondisparaging advertising

Posted on March 7, 2024 by rtushnet

HomeLight, Inc. v. Shkipin, — F.Supp.3d —-, 2024 WL 940089 (N.D. Cal. Mar. 5, 2024) Sometimes, courts are very generous to competitors in presuming Lanham Act standing—as with the recent Meta ruling—and sometimes they aren’t. I have yet to detect a … Continue reading →

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