Tag Archives: standing

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

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

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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Neighboring farmers have Lanham Act standing where false ads allegedly prompted pesticide use

In re Dicamba Herbicides Litig., MDL No. 2820, 2019 WL 460500 (E.D. Mo. Feb. 6, 2019) Plaintiffs, twenty-one soybean farmers from eight states (Arkansas, Illinois, Kansas, Mississippi, Missouri, Nebraska, South Dakota, and Tennessee), alleged that their soybean crops were damaged … Continue reading

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

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

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

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

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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