Tag Archives: standing

Ice Cube’s case against Robinhood melts again

Posted on October 7, 2021 by rtushnet

Jackson v. Robinhood Markets, Inc., No. 21-cv-02304-LB (N.D. Cal. Sept. 20, 2021) Previously, the court dismissed Ice Cube’s ROP and false endorsement claims for lack of standing because pleading an appearance in a financial newsletter does not suffice to plead … Continue reading →

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No organizational standing from mere conflict with consumer protection mission

Posted on October 5, 2021 by rtushnet

In Defense of Animals v. Sanderson Farms, Inc., 2021 WL 4243391, No. 20-cv-05293-RS (N.D. Cal. Sept. 17, 2021) Let’s play the fun game “which of these statements about standing should make IP people nervous?” Previously, Friends of the Earth and … Continue reading →

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No organizational standing where advocacy campaigns didn’t change

Posted on September 30, 2021 by rtushnet

Friends of the Earth v. Sanderson Farms, Inc., 992 F.3d 939 (9th Cir. 2021) Although the animal/farm advocacy organization plaintiffs won some early skirmishes, they faltered on lack of organizational standing against a poultry producer to bring consumer protection claims. … Continue reading →

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TM complainant fails to sink its teeth into unrelated false advertising claims

Posted on September 28, 2021 by rtushnet

Vampire Family Brands, LLC v. MPL Brands, Inc., No. CV 20-9482-DMG (ASx), 2021 WL 4134841 (C.D. Cal. Aug. 6, 2021) VFB sued MPL for Lanham Act, UCL, and FAL violations based on MPL’s “vampiro” cocktail. Unsurprisingly, the trademark claims survive … Continue reading →

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Another reason for statehood: DC law can’t confer organizational standing beyond Article III

Posted on September 26, 2021 by rtushnet

Clean Label Project Found. v. Garden Of Life, LLC, 2021 WL 4318099, No. 20-3229 (RC) (D.D.C. Sept. 23, 2021) CLP, a non-profit, sued Garden of Life, a seller of prenatal supplements, for unlawful trade practices in violation of the District … Continue reading →

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continued desire to purchase TVs suffices for California standing

Posted on September 21, 2021 by rtushnet

Julian v. TTE Technol., Inc., 2021 WL 810228, No. 20-cv-02857-EMC (N.D. Cal. Mar. 3, 2021) Plaintiffs alleged false advertising of TTE’s TVs in violation of California and New Jersey law; the court granted the motion to dismiss but allowed leave … Continue reading →

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9th Circuit: desire to purchase properly labeled product is too abstract for injunctive relief standing

Posted on September 16, 2021 by rtushnet

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 20-15742 (9th Cir. Aug. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. The district court certified a class … Continue reading →

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ThermoLife wins appeal of Lexmark-based dismissal of claims

Posted on August 23, 2021 by rtushnet

Thermolife Int’l, LLC v. Compound Solutions, Inc., No. 20-16138, — Fed.Appx. —-, 2021 WL 963782 (9th Cir. Mar. 15, 2021) ThermoLife got a significant success in this appeal of the dismissal of its false patent marking, false advertising, and unfair … Continue reading →

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Advocacy organization lacked standing to litigate over foie gras claims

Posted on August 20, 2021 by rtushnet

Voters for Animal Rights v. D’artagnan, Inc., 2021 WL 1138017, No. 19-CV-6158 (MKB) (E.D.N.Y. Mar. 25, 2021) Plaintiff, a nonprofit dedicated to advancing the interests of citizens who support animal protection, alleged that defendants violated sections 349 and 350 of … Continue reading →

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Models’ false endorsement claims fail for want of recognition, bad survey

Posted on August 17, 2021 by rtushnet

Souza v. Exotic Island Enterprises, Inc., No. 18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. Aug. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. As this case shows, … Continue reading →

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