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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
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Tag Archives: tortious interference
accusing a home inspectors’ group of link with NAMBLA isn’t believable enough for defamation
Examination Board of Professional Home Inspectors v. International Association of Certified Home Inspectors, 2021 WL 492482, No 18-cv-01559-RBJ (D. Colo. Feb. 10, 2021) Although an individual’s comments linking his rival to NAMBLA and Jeffrey Dahmer were non-actionable non-facts, statements arguably … Continue reading
independent contractors as agents in creating fake reviews
RingCentral, Inc. v. Nextiva, Inc., 2021 WL 2476879, No. 19-cv-02626-NC (N.D. Cal. Jun. 17, 2021) The parties are cloud-based communications companies. RingCentral offers voice, virtual private branch exchange, audio and video conferencing, messaging, contact center collaboration, SMS, online meetings, contact … Continue reading
tortious interference claim from false advertising survives, but why bother?
Logistick, Inc. v. AB Airbags, Inc., — F.Supp.3d —-, 2021 WL 2433944, No. 3:21-cv-00151-BEN-MDD (S.D. Cal. Jun. 15, 2021) Logistick sells disposable load bars which are used to secure cargo freight during transport. AB allegedly began advertising for a similar … Continue reading
pharmaceutical equivalence isn’t therapeutic equivalence/FDA approval
Concordia Pharmaceuticals Inc., S.À.R.L. v. Winder Laboratories, LLC, 2021 WL 3573118, No. 16-cv-00004-RWS (N.D. Ga. Feb. 17, 2021) Concordia makes DONNATAL, a combination of phenobarbital and belladonna alkaloids (PBA) used to treat irritable bowel syndrome (IBS) and acute enterocolitis. Winder … Continue reading
Even a default can’t make false claims made to Amazon violate the Lanham Act
Wilco Trading LLC v. Shabat, 2021 WL 1146634, No. 8:20-cv-579-TPB-JSS (M.D. Fla. Mar. 8, 2021) (R&R) Wilco is an online reseller, primarily on Amazon. It allegedly sold authentic beauty products made or branded by defendant EL Sales, which nonetheless filed … Continue reading
Penn. dilution is broader than federal dilution; former licensee might not own marks despite its registrations
I.M. Wilson, Inc. v. Otvetstvennostyou “Grichko,” No. 18-5194, 2020 WL 6731109 (E.D. Pa. Nov. 13, 2020) The OG parties are Russian and Czech entities that manufacture and sell ballet and pointe shoes under the name GRISHKO. In the early 1990s, … Continue reading
failure to disclose influencer payment/review connections is misleading
EIS, Inc. v. Wow Tech Int’l GMBH, 2020 WL 7027528, No. 19-1227-LPS (D. Del. Nov. 30, 2020) The parties make vibrators. EIS sued defendants for violations of the Lanham Act, Delaware common law on unfair competition, the Delaware Deceptive Trade … Continue reading
press release in supplement battle could be false advertising
ThermoLife Int’l LLC v. NeoGenis Labs Inc., 2020 WL 6395442, No. CV-18-02980-PHX-DWL (D. Ariz. Nov. 2, 2020) Plaintiff/counterdefendant ThermoLife and defendant/counterplaintiff HumanN both hold patents related to the use of nitrate technology for supplements. ThermoLife alleged that HumanN engaged in … Continue reading
Rebecca Tushnet 