Tag Archives: surveys

Wipe on, wipe off: after survey excluded, plaintiff wins jury verdict on false advertising windshield protector claim

Posted on November 9, 2018 by rtushnet

Illinois Tool Works Inc. v. Rust-Oleum Corporation, 2018 WL 5810327, No. H-17-2084 (S.D. Tex. Jun. 21, 2018)  ITW’s Rain-X and Rust-Oleum’s RainBrella water repellant product compete in the market for use on vehicle windshields. Rust-Oleum advertised that RainBrella lasted twice … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Post-parmesan: 100% grated parmesan still doesn’t have to be 100% grated parmesan, court reiterates

Posted on November 2, 2018 by rtushnet

In re 100% Grated Parmesan Cheese Marketing & Sales Practices Litig., 2018 WL 5717799 No. 16 C 5802, MDL 2705 (N.D. Ill. Nov. 1, 2018) On an amended complaint, the court again dismisses the claims that a cheese product whose … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Consumer class action fails for failure to survey on the exact statements challenged

Posted on April 10, 2018 by rtushnet

Townsend v. Monster Beverage Corp., — F.Supp.3d —-, 2018 WL 1662131, No. 12–2188–VAP (KKx) (C.D. Cal. Mar. 20, 2018) The Ninth Circuit remanded this case on UCL, FAL, and CLRA claims insofar as they challenge four specific on-label representations of … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Shoes and surveys (picture post)

Posted on August 16, 2017 by rtushnet

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

Court approves conjoint analysis to determine damages in consumer class action

Posted on June 19, 2017 by rtushnet

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

Internet surveys are admissible (but may raise IRB concerns)

Posted on April 26, 2017 by rtushnet

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

court says product reformulation might be deceptive if survey supports claim

Posted on October 11, 2016 by rtushnet

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 →

Posted in Uncategorized | Tagged , | Leave a comment

Lumps in materiality survey fail to justify its exclusion

Posted on October 3, 2016 by rtushnet

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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

Posted on August 30, 2016 by rtushnet

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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

Posted on April 22, 2016 by rtushnet

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment