Tag Archives: standing

business challenges BBB’s claims about itself, lacks Lexmark standing

Posted on June 6, 2016 by rtushnet

Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc. 2016 WL 3087055, No. 1:16-cv-119 (E.D. Va. May 31, 2016)   Wall runs a tax settlement business that received low ratings from several regional BBBs, so it sued … Continue reading →

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Entitlement to disgorgement doesn’t create Lanham Act standing

Posted on May 12, 2016 by rtushnet

Gravelle v. Kaba Ilco Corp., 2016 WL 2644890, NO. 5:13-CV-642 (E.D.N.C. May 9, 2016) Simple, but worth having a cite: plaintiff claimed false advertising based on allegedly false patent marking.  He couldn’t show that the falsity was proximately connected to … Continue reading →

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Off the record: Use of name in instruction card doesn’t suggest endorsement

Posted on May 5, 2016 by rtushnet

Martin v. Wendy’s International, Inc., 2016 WL 1730648, No. 15 C 6998 (N.D. Ill. May 2, 2016)   Johannes Martin alleged that Wendy’s and Guinness World Records violated §43(a) and his Illinois right of publicity by using his identity in … Continue reading →

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Ingredient supplier has standing to challenge supplement claims

Posted on February 29, 2016 by rtushnet

Obesity Research Institute, LLC v. Fiber Research International, LLC, 2016 WL 739796,  No. 15-cv-00595 (S.D. Cal. Feb. 25, 2016)   Fiber Research alleged that Obesity Research made claims for its weight loss product, Lipozene, touting clinical testing supporting the role … Continue reading →

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Lexmark gives some non-TM owners standing to sue for infringement

Posted on January 26, 2016 by rtushnet

Innovation Ventures, LLC v. NVE, Inc., 2016 WL 266396, No. 08-11867 (E.D. Mich. Jan. 21, 2016)   This long-lived dispute goes another round of various motions in limine.  Innovation sued NVE for trademark infringement; NVE counterclaimed for false advertising.  Here, … Continue reading →

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Reading list: Lanham Act standing after Lexmark

Posted on December 17, 2015 by rtushnet

Virginia E. Scholtes, The Lexmark Test for False Advertising Standing: When Two Prongs Don’t Make a Right, 30 Berkeley Tech. L.J. 1023 (2015): Part I of this Note tracks the development of standing under § 43(a) of the Lanham Act … Continue reading →

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If only the last Trump would sound: Trump University case continues

Posted on November 23, 2015 by rtushnet

Makaeff v. Trump University, LLC, 2015 WL 7302728, No. 10cv0940 (S.D. Cal. Nov. 18, 2015)   Charlatan and budding fascist Donald Trump failed to get rid of many consumer protection claims against him and his “Trump University” (now renamed).  Can’t … Continue reading →

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estimated retail value claim isn’t puffery

Posted on November 5, 2015 by rtushnet

Kabbash v. Jewelry Channel, Inc. USA, 2015 WL 6690236 (C.D. Cal. Nov. 2, 2015)   Holding of most general interest: “Estimated retail value” statements and statements of discount or savings amounts at check-out where the discount calculations were based on … Continue reading →

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Reading list: trademark standing after Lexmark

Posted on November 2, 2015 by rtushnet

John L. Brennan, Determining Trademark Standing in the Wake of Lexmark, 90 Notre Dame L. Rev. 1691 (2014). I like it:   Although the Court’s decision in Lexmark has resolved the debate over the issue of standing for false advertising … Continue reading →

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Lexmark means what it says, except when it says not to use the word “standing”

Posted on October 8, 2015 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., Nos. 12-5610, 13-2286, 2015 WL 5822930 (D.N.J. Oct. 1, 2015)   Plaintiff NJ PURE sued Boynton, who added third-party defendants Joanna Elias and Eric Poe. Boynton is an insurance … Continue reading →

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