Tag Archives: standing

over aggressive partial dissent, 11th Cir. allows some class claims against Ford “track ready” claims to proceed

Posted on July 20, 2023 by rtushnet

Tershakovec v. Ford Motor Company, Inc., — F.4th —-, 2023 WL 4377585, No. 22-10575 (11th Cir. Jul. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But some Shelby models weren’t equipped for … Continue reading →

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conclusory allegations of confusion don’t allege statutory standing for TM claim

Posted on July 3, 2023 by rtushnet

Blacks in Technology Int’l v. Greenlee, 2023 WL 4186376, No. 3:20-CV-3008-X (N.D. Tex. Jun. 26, 2023) On one side: Blacks in Technology International (BIT International), Blacks United in Leading Technology International (BUILT), and Blacks in Technology, Texas (BIT Texas). On … Continue reading →

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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

Posted on July 3, 2023 by rtushnet

Industria De Alimentos Zenu S.A.S. v. Latinfood U.S. Corp., No. 16-6576 (KM) (MAH), 2023 WL 4200169, — F. Supp. 3d — (D.N.J. Jun. 27, 2023)   Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against … Continue reading →

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materiality dispute avoids sj in literal falsity case (also no seller standing against ingredient supplier)

Posted on June 26, 2023 by rtushnet

World Nutrition Inc. v. Advanced Enzymes USA, 2023 WL 4105345, No. CV-19-00265-PHX-GMS (D. Ariz. Jun. 21, 2023) WNI and defendants AST/Specialty sell enzyme supplement products. WNI and AST sell directly to consumers, while Specialty is a wholesaler that sells to … Continue reading →

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Target of TM takedown notices has Lanham Act standing to challenge automated notice provider’s ads claiming accuracy

Posted on June 19, 2023 by rtushnet

Unlimited Cellular, INC. v. Red Points Solutions SL, 2023 WL 4029824, No. 21-cv-10638 (NSR) (S.D.N.Y. Jun. 14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal … Continue reading →

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if an allegedly falsely advertised product isn’t useless, P may have standing to seek injunctive relief

Posted on May 19, 2023 by rtushnet

Perez v. Bath & Body Works, LLC, No. 21-cv-05606-BLF, 2023 WL 3467207 (N.D. Cal. May 15, 2023) Interesting analysis of standing for injunctive relief: Where the product is a useful one, the court finds standing based on a desire to … Continue reading →

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in a Lanham Act (false advertising) case, presumptions cannot substitute for Article III injury

Posted on April 26, 2023 by rtushnet

TocMail, Inc. v. Microsoft Corp., — F.4th —-, 2023 WL 3070085, No. 22-10223 (11th Cir. Apr. 25 2023) Previous district court opinion allowing Lanham Act false advertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) … Continue reading →

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consumer class settlement can’t include injunctive relief unless there’s Art. III standing to seek injunctive relief

Posted on April 20, 2023 by rtushnet

Williams v. Reckitt Benckiser LLC, — F.4th —-, 2023 WL 2906311, No. 22-11232 (11th Cir. Apr. 12, 2023) The court of appeals reversed approval of a settlement that would have provided injunctive relief and up to $8 million in monetary … Continue reading →

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paying a referral fee is a consumer injury, not a competitor injury, for Lanham Act standing purposes

Posted on April 20, 2023 by rtushnet

Lewis v. Acuity Real Estate Services, LLC, 63 F.4th 1114 (6th Cir. 2023) Acuity operates a website that connects people looking to buy or sell homes with a local real-estate agent in their area. Acuity offers its services for free … Continue reading →

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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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