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Tag Archives: standing
Just stocking a falsely advertised product isn’t enough for contributory liability
In re Outlaw Laboratory, LLP, 2020 WL 2797425, No. 18-CV-0840-GPC (S.D. Cal. May 29, 2020) Plaintiff makes male enhancement products, allegedly in compliance with the DHSEA. It sued 51 convenience and liquor stores in the San Diego, California area; 23 … Continue reading
“Belgium 1926” label on chocolate plausibly indicates current Belgian origin
Hesse v. Godiva Chocolatier, Inc., 2020 WL 2793014 No. 19-cv-972 (AJN) (S.D.N.Y. May 29, 2020) The forgiving plausibility standard allows consumer protection claims about Godiva’s use of “Belgium 1926” on its American-made chocolates to continue. The court points out that, … Continue reading
Reasonable restaurant consumers wouldn’t think “krab mix” had real crab in it
Kang v. P.F. Chang’s China Bistro, Inc., No. CV 19-02252 PA (SPx), 2020 WL 2027596 (C.D. Cal. Jan. 9, 2020) Kang alleged that P.F. Chang’s “employed a classic bait and switch tactic whereby it falsely labeled and advertised food products … Continue reading
Judge Alsup seems to think cosmetic mask claims are false
Miller v. Peter Thomas Roth, LLC, 2020 WL 363045, No. C 19-00698 WHA (N.D. Cal. Jan. 22, 2020) OK, he doesn’t say so outright, but wait for the bit about the in-court demonstration he expects. Defendants PTR Labs sell “specialty … Continue reading
statutory Lanham Act standing exists when advertiser is advertising but not yet selling
CareDx, Inc. v. Natera, Inc., 2019 WL 7037799, No. 19-662-CFC-CJB (D. Del. Dec. 20, 2019) (magistrate) A nicely reasoned opinion about impending competition as sufficient to find likely harm from false advertising. CareDx makes AlloSure, a patented kidney transplant surveillance … Continue reading
general allegations of harm to Legalforce from TM scammer sufficed for Lexmark standing
Legalforce RAPC Worldwide P.C. v. Glotrade, No. 19-CV-01538-LHK, 2019 WL 6036618 (N.D. Cal. Nov. 14, 2019) Legalforce “offers services including trademark preparation and prosecution, patent preparation and prosecution, copyright registration and counseling, international trademark and patent filings, and corporate formation … Continue reading
ThermoLife continues mixed record in pleading competitive injury from other supplements
ThermoLife International LLC v. Compound Solutions Inc., No. CV-19-01473-PHX-SMM, 2019 WL 5448804 (D. Ariz. Jul. 30, 2019) ThermoLife develops “amino acid nitrates used in dietary supplements to increase vasodilation,” and alleged that vasodilators are “included in nearly every pre-workout product … Continue reading
ingredient supplier has standing against disparagement of products/false claims about competing product
ThermoLife Int’l LLC v. Vital Pharms. Inc., No. 19-cv-61380-BLOOM/Valle, 2019 WL 4954622 (S.D. Fla. Oct. 8, 2019) ThermoLife licenses/sells a patented creatine nitrate used in dietary supplements, which is allegedly included in many top-selling dietary supplements. VPX allegedly attacked ThermoLife’s … Continue reading
