Tag Archives: surveys

Shoes and surveys (picture post)

Since apparently there was some question whether the shoes I asked about post-Star Athletica were really shoes, here is proof: Not much less functional than the average super-high heel Also, I randomly got selected for a trademark infringement survey on … Continue reading

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Court approves conjoint analysis to determine damages in consumer class action

Morales v. Kraft Foods Group, Inc., 2017 WL 2598556, No. CV14-04387 (C.D. Cal. Jun. 9, 2017) Plaintiffs alleged that they were misled by Kraft’s use of the term “natural cheese” on its “Natural Cheese Fat Free Shredded Fat Free Cheddar … Continue reading

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Internet surveys are admissible (but may raise IRB concerns)

Bimbo Bakeries USA, Inc. v. Sycamore, No. 13-cv-00749, 2017 WL 1377991 (D. Utah Mar. 2, 2017) Bimbo charged that defendants misappropriated its trade secret for making Grandma Sycamore’s Home-Maid bread, and infringed on its trade dress related to the packaging … Continue reading

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court says product reformulation might be deceptive if survey supports claim

Nutrition Distribution LLC v. Driven Sports, 2015 WL 12645002, No. LA CV13-06195  (C.D. Cal. Jan. 15, 2015) Nutrition sued defendants over their sales of a nutrition supplement product called “Craze.” In July 2013, defendants discontinued the sale of the initial … Continue reading

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Lumps in materiality survey fail to justify its exclusion

Select Comfort Corp. v. Tempur Sealy Int’l, Inc., No. 13-2451, 2016 WL 5496340 (D. Minn. Sept. 28, 2016) The court resolves various motions surrounding expert testimony in this false advertising case about the effects of certain comparative claims on Select … Continue reading

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both sides do it: court in Trump Univ. case resolves some expert squabbles

Cohen v. Trump, No.: 3:13-cv-2519, 2016 WL 4487172 (S.D. Cal. Aug. 25, 2016) Colorful personalities can produce colorful cases; first, Pom Wonderful, now Trump.  The court certified a class action under RICO for people who bought Trump University real estate … Continue reading

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Cal. court sensibly rejects Fourth Circuit’s GNC rule on consumer protection claims

Mullins v. Premier Nutrition Corp., 2016 WL 1534784, No. 13-cv-01271 (N.D. Cal. Apr. 15, 2016) This case revisits an issue with which courts have struggled: when consumer plaintiffs plead that a product advertised as clinically proven isn’t, is that a … Continue reading

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