Tag Archives: standing

Direct competition + literally false advertising don’t equal standing without more

Posted on June 29, 2018 by rtushnet

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

Posted on April 30, 2018 by rtushnet

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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seller can’t sue customer for false advertising under Lanham Act because customer can’t sue seller either

Posted on April 30, 2018 by rtushnet

Buckeye Int’l, Inc. v. Schmidt Custom Floors, Inc., 2018 WL 1960115, No. 18-cv-111-jdp (W.D. Wis. Apr. 26, 2018) Buckeye sells floor finishing products, including Gym Bond, which is supposed to help a clear topcoat adhere to a previously finished gymnasium … Continue reading →

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Sanderson can’t chicken out of false advertising claims

Posted on February 26, 2018 by rtushnet

Organic Consumers Assoc. v. Sanderson Farms, Inc., 2018 WL 922247, No. 17-cv-03592 (N.D. Cal. Feb. 9, 2018) OCA sued Sanderson, a poultry processor, over ads that allegedly mislead consumers about the nature of Sanderson’s chicken products and farming practices. OCA … Continue reading →

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Allegedly false statements on package/instructions didn’t plausibly harm competitors, court rules

Posted on February 1, 2018 by rtushnet

Telebrands Corp. v. Everstar Merchandise Co., No. 17-2878, 2018 WL 585765 (D.N.J. Jan. 29, 2018) (magistrate judge) Telebrands sells novelty stuff; Everstar, a competitor, allegedly copied its stuff in unlawful ways.  Relevant to this blog, Telebrands alleged that Everstar engaged … Continue reading →

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Ad intermediary lacks standing under Lexmark to challenge false ads

Posted on November 7, 2017 by rtushnet

Congoo, LLC v. Revcontent LLC, 2017 WL 5076397, No. 16-401 (D.N.J. Nov. 3, 2017) A rare case discussing Lexmark’s proximate cause requirement in some detail. Congoo operates an online ad business as Adblade, an aggregator that serves as an intermediary … Continue reading →

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9th Circuit rules inability to trust future representations provides standing for injunctive relief

Posted on October 23, 2017 by rtushnet

Davidson v. Kimberly-Clark Corp., 2017 WL 4700093, — F.3d –, No. 15-16173 (9th Cir. Oct. 20, 2017) Rejecting a number of district court decisions, the Ninth Circuit finds standing to seek injunctive relief under California consumer protection laws even when … Continue reading →

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Consumer’s ability to trust future representations provides standing to seek injunctive relief

Posted on October 16, 2017 by rtushnet

Delman v. J. Crew Group, Inc., 2017 WL 3048657, No. 16-9219 (C.D. Cal. May 15, 2017) This is another factory outlet false advertising case. The J. Crew Factory Website sells clothing and other items at what appears to be a … Continue reading →

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“information and belief” isn’t enough to allege competitive injury in false advertising case

Posted on October 2, 2017 by rtushnet

Brickstructures, Inc. v. Coaster Dynamix, Inc., 2017 WL 4310671, No. 16 CV 10969 (N.D. Ill. Sept. 28, 2017) Brickstructures, a LEGO-structure-creating business, sued Coaster for breach of contract, breach of fiduciary duty, and false advertising under the Lanham Act. Given … Continue reading →

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Allegedly disingenuous “not for human consumption” label can’t avoid supplement false ad. claims

Posted on September 12, 2017 by rtushnet

Nutrition Distribution LLC v. PEP Research, LLC, No. 16cv2328, 2017 WL 3972509 (S.D. Cal. Sept. 7, 2017) Plaintiff sells natural supplements, specifically for bodybuilding.  It alleged that its natural supplements directly competed with PEP’s “Research Chemicals.”  PEP allegedly falsely advertised … Continue reading →

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