Tag Archives: standing

Some Lanham Act/UCL claims against TM filing entities can proceed despite potential difficulties of proof

Posted on October 17, 2018 by

LegalForce RAPC Worldwide P.C. v. Swyers, No. 17-cv-07318-MMC, 2018 WL 4961660 (N.D. Cal. Oct. 12, 2018) RAPC alleges that Swyers, an attorney, owns TTC and Trademark LLC, which provide “trademark related services,” and also owns Trademark PLLC, a law firm … Continue reading →

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Third Circuit holds that misrepresentation of safety isn’t actionable false advertising for consumables that didn’t cause individual harm

Posted on October 12, 2018 by

In re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices & Liability Litig., 903 F.3d 278 (3d Cir. 2018) Plaintiff Estrada alleged that perineal use of Johnson & Johnson’s Baby Powder can lead to an increased risk of developing … Continue reading →

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Direct competition + literally false advertising don’t equal standing without more

Posted on June 29, 2018 by

Brave Law Firm, LLC v. Truck Accident Lawyers Gp., Inc., No. 17-1156-EFM-GEB, 2018 WL 3122172 (D. Kan. Jun. 26, 2018) Brave sued its personal injury law firm rivals (TALG) under the Lanham Act and Kansas state law based on allegations … Continue reading →

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competitor lacks Lanham Act standing absent allegations of why it in particular would be harmed by false advertising

Posted on April 30, 2018 by

Blue Star Press, LLC v. Blasko, No. 17-CA-111-OLG, 2018 WL 1904835 (W.D. Tex. Mar. 6, 2018) (magistrate judge R&R) The parties make adult coloring books, typically marketed as a means of relieving stress but proving stressful in this litigation. Blue … Continue reading →

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seller can’t sue customer for false advertising under Lanham Act because customer can’t sue seller either

Posted on April 30, 2018 by

Buckeye Int’l, Inc. v. Schmidt Custom Floors, Inc., 2018 WL 1960115, No. 18-cv-111-jdp (W.D. Wis. Apr. 26, 2018) Buckeye sells floor finishing products, including Gym Bond, which is supposed to help a clear topcoat adhere to a previously finished gymnasium … Continue reading →

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Sanderson can’t chicken out of false advertising claims

Posted on February 26, 2018 by

Organic Consumers Assoc. v. Sanderson Farms, Inc., 2018 WL 922247, No. 17-cv-03592 (N.D. Cal. Feb. 9, 2018) OCA sued Sanderson, a poultry processor, over ads that allegedly mislead consumers about the nature of Sanderson’s chicken products and farming practices. OCA … Continue reading →

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Allegedly false statements on package/instructions didn’t plausibly harm competitors, court rules

Posted on February 1, 2018 by

Telebrands Corp. v. Everstar Merchandise Co., No. 17-2878, 2018 WL 585765 (D.N.J. Jan. 29, 2018) (magistrate judge) Telebrands sells novelty stuff; Everstar, a competitor, allegedly copied its stuff in unlawful ways.  Relevant to this blog, Telebrands alleged that Everstar engaged … Continue reading →

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