Tag Archives: surveys

breast pump rules: Think Green’s trade dress claims against Medela proceed to trial

Posted on July 7, 2025 by rtushnet

Think Green Ltd. v. Medela AG, 2025 WL 1826137, No. 21 CV 5445 (N.D. Ill. Jul. 2, 2025) Think Green sued Medela for infringing its trade dress in its breast pump, as well as false advertising claims that were quickly … Continue reading →

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ambiguity in consumer class actions v. the Lanham Act: convergence or divergence?

Posted on July 7, 2025 by rtushnet

Slaten v. Christian Dior Perfumes, LLC, 2025 WL 1840026, No. 23-cv-00409-JSC (N.D. Cal. Jul. 3, 2025) The concept of ambiguity is now on a path to become as entrenched in consumer protection cases as in Lanham Act cases. My thinking … Continue reading →

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Southern discomfort: class certified over malt beverage dressed like Southern Comfort whiskey

Posted on July 4, 2025 by rtushnet

Andrews v. Sazerac Co., 2025 WL 1808797, No. 23-cv-1060 (AS) (S.D.N.Y. Jul. 1, 2025) Plaintiffs alleged that Sazerac deceived consumers by selling a malt beverage that looks like Southern Comfort whiskey but in fact contains only “whiskey flavor.” The court … Continue reading →

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Scotts loses trade dress claim over green & gold for Miracle-Gro

Posted on July 1, 2025 by rtushnet

Scotts Co. v. Procter & Gamble Co., 2025 WL 1779167, No. 2:24-cv-4199 (S.D. Ohio Jun. 27, 2025) A different Scotts trade dress claim than the one I blogged last year. While it’s hard to get rid of trademark claims on … Continue reading →

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materiality surveys may not need controls

Posted on February 3, 2025 by rtushnet

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., No. 14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y. Jan. 30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I … Continue reading →

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annoyingly redacted opinion finds Block falsely advertised versus TurboTax

Posted on January 20, 2025 by rtushnet

Intuit Inc. v. HRB Tax Gp., Inc., 2024 WL 5320392, No. 5:24-cv-00253-BLF (N.D. Cal. Dec. 3, 2024) Intuit, which makes TurboTax and has had some advertising troubles of its own (hey, check out the IRS Free File program, for taxpayers … Continue reading →

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materiality survey is in–even with 20 industry employees as respondents

Posted on January 17, 2025 by rtushnet

Multiple Energy Technologies, LLC v. Under Armour, INC., 2025 WL 82336, No. 2:20-CV-664-NR (W.D. Pa. Jan. 13, 2025) MET sued Under Armour for multiple things, including false advertising, and here MET sought to exclude the testimony of Under Armour’s consumer … Continue reading →

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Court accepts survey with disclaimer control that causes 38% confusion

Posted on August 27, 2024 by rtushnet

 Another ruling in the PNC v. Plaid case: PNC Financial Services Gp. v. Plaid Inc., 2024 WL 3691607, No. 2:20-cv-1977 (W.D. Pa. Aug. 7, 2024) Daubert motions for this case. I’ll only discuss the stuff I find interesting.   Kivetz … Continue reading →

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Plaintiffs win partial summary judgment on falsity/materiality in “made in US” tea case

Posted on July 17, 2024 by rtushnet

Banks v. R.C. Bigelow, Inc., No. 2:20-cv-06208-DDP-RAOx, 2024 WL 3330554 (C.D. Cal. Jul. 8, 2024) The court here grants the consumer plaintiffs’ motion for partial summary judgment on their theory of falsity of Bigelow’s “manufactured in the USA” claim for … Continue reading →

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“#1 Brand” claim was literally false because of apples-to-oranges comparison

Posted on June 10, 2024 by rtushnet

Zesty Paws LLC v. Nutramax Labs., Inc., No. 23 Civ. 10849 (LGS), 2024 WL 2853622 (S.D.N.Y. Jun. 4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a … Continue reading →

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