Tag Archives: standing

Having a product in development isn’t enough for Lanham Act standing

Pulse Health LLC v. Akers Biosciences, Inc., 2017 WL 1371272, No. 16-cv-01919 (D. Or. Apr. 14, 2017) Pulse was formed to develop a product that can measure aldehyde molecules in human breath via a non-invasive hand-held device. Its device was … Continue reading

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Lexmark injury requirement no bar to competitor’s standing at pleading stage

Crocs, Inc. v. Effervescent, Inc., 2017 WL 1229707,  No. 06–cv–00605 (D. Colo. Mar. 31, 2017) Crocs sued Effervescent for patent infringement; in 2006, defendants moved to stay the case pending ITC proceedings.  In 2015, defendant Dawgs moved to reopen the … Continue reading

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GM’s defeat device is almost by definition fraudulent omission

Counts v. General Motors, LLC, No. 16-cv-12541, 2017 WL 588457 (E.D. Mich. Feb. 14, 2017) Plaintiffs sued GM for deceptive advertising, breach of contract, and fraudulent concealment claims under the laws of thirty states based on GM’s alleged installation of … Continue reading

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Exposure to false advertising doesn’t create Article III standing

Truthinadvertisingenforcers.com v. Dish Network, LLC, No. 8:16–cv–2366, 2016 WL 7230955 (M.D. Fla. Dec. 14, 2016) Pro se plaintiff TruthInAdvertisingEnforcers.com is a website solely owned by Gerald Collette, who received the advertisements at issue at his residence. Defendants include five internet … Continue reading

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When Lexmark raises the standard: competitor fails to show harm causation from literal falsity

Snac Lite, LLC v. Nuts ‘N More, LLC, 2016 WL 6778268, No. 14-cv-01695 (N.D. Ala. Nov. 16, 2016) Snac Lite sued NNM for misrepresenting the protein content of its specialty nut butters.  The court granted summary judgment, despite past literally … Continue reading

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Insert scatological pun here: cities’ lawsuit over flushable wipes mostly continues

City of Wyoming v. Procter & Gamble Co., 2016 WL 5496321, No. 15-2101 (D. Minn. Sept. 28, 2016) “Hygienic wipes labeled and sold as ‘flushable’ have caused and are continuing to cause increased costs and property damage to the governmental … Continue reading

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Another court finds that injury from fake “sale” prices is redressable

Le v. Kohls Department Stores, Inc., 160 F. Supp. 3d 1096 (E.D. Wisc. 2016) Le sued under various state consumer protection statutes (and unjust enrichment), alleging that Kohls falsely advertised “sale” or “discount” prices off of the “regular” or “original” … Continue reading

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