Tag Archives: standing

Timeshare wars: no Lanham Act standing for property owner

Posted on May 31, 2019 by

Wyndham Vacation Ownership v. Reed Hein & Assoc., LLC, 2019 WL 2232241, No. 18-cv-02171-GAP-DCI (M.D. Fla. May 23, 2019) Somebody seriously needs to write a story about the litigation war going on between timeshare companies and firms that sue timeshare … Continue reading →

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law firm alleging clients lost to competitor satisfies Lexmark, in part

Posted on May 14, 2019 by

Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM-JPO, 2019 WL 2073872 (D. Kan. May 10, 2019) Brave, a personal injury firm, sued various parties for violating the Lanham Act and Kansas state law.   It alleged … Continue reading →

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alcohol beverage maker has standing b/c D’s non-alcoholic label plausibly attracts alcohol drinkers too

Posted on April 30, 2019 by

Tortilla Factory, LLC v. Makana Beverages, Inc., No. CV 18-2981-MWF (PLAx), 2018 WL 8130609 (C.D. Cal. Nov. 14, 2018) Tortilla Factory makes kombucha beverages under the brand name “Kombucha Dog.” Makana also makes kombucha drinks. Kombucha is “a fermented beverage … Continue reading →

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competitor has standing to challenge use of certification mark

Posted on April 30, 2019 by

Savvy Rest, Inc. v. Sleeping Organic, LLC, 2019 WL 1607585, No. 18CV00030 W.D. Va. Apr. 15, 2019) The parties compete in the market for mattresses and other bedding products. Savvy Rest alleged that Sleeping Organic violated the Lanham Act by … Continue reading →

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advertisers’ claim against Google for insufficient credits for bad clicks continues

Posted on April 26, 2019 by

Adtrader, Inc. v. Google LLC, 2019 WL 1767206, No. 17-cv-07082-BLF (N.D. Cal. Apr. 22, 2019) Advertisers buy ad space on Google’s AdX, while website publishers (or network partner managers (NPMs) who act for them) use AdX to sell ad space … Continue reading →

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Lawyer’s solicitation of litigation against timeshare company could violate Lanham Act

Posted on April 4, 2019 by

Diamond Resorts International, Inc. v. Aaronson, — F. Supp. 3d —-, 2019 WL 1445181, No. 17-cv-1394-Orl-37DCI (M.D. Fla. Mar. 5, 2019) With all the discussion about “opening up the libel laws,” it’s notable that Lexmark has accomplished very much the … Continue reading →

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mere market participation insufficient to allege standing in noncomparative advertising case

Posted on March 19, 2019 by

AAVN, Inc. v. Westpoint Home, Inc., 2019 WL 1168102, No. 17-CV-8329 (N.D. Ill. Mar. 13, 2019) AAVN sells woven textile fabrics, including fabrics made from a cotton-polyester blend. AAVN’s president owns patents that teach a method of manufacturing a cotton-polyester … Continue reading →

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