Tag Archives: tortious interference

Former supplier can sue supplement maker for falsely implying FDA approval & making claims based on old ingredients

Posted on October 12, 2018 by rtushnet

In re Elysium Health-Chromadex Litig., 2018 WL 4907590, No. 17 Civ. 7394 (CM) (S.D.N.Y. Sept. 27, 2018)    Elysium, which makes dietary supplements, sued Chromadex, a former supplier, for false advertising under the Lanham Act, trade libel, deceptive business practices … Continue reading →

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Amazon not liable for use of TM in review

Posted on October 4, 2018 by rtushnet

Sen v. Amazon.com, Inc., 2018 WL 4680018, No. 16-CV-01486-JAH-JLB (S.D. Cal. Sept. 28, 2018) Sen owns the trademark “Baiden” for skin-exfoliation products. Amazon bought “Baiden” through Google’s AdWords program and on other search engines. In 2012, Sen sued Amazon for … Continue reading →

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Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

Posted on September 4, 2018 by rtushnet

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading →

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Using part of an “anticipated order” from a competitor’s supplier constitutes reverse passing off, despite Dastar

Posted on September 4, 2018 by rtushnet

OTR Wheel Eng’g, Inc. v. West Worldwide Servs., Nos. 16-35897 16-35936, 2018 U.S. App. LEXIS 20520 (9th Cir. Jul. 24, 2018) OTR Wheel and West compete to sell industrial tires. “West asked one of OTR’s suppliers to provide him with … Continue reading →

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The other Redbox case: the color may fade, but not the mark

Posted on February 23, 2018 by rtushnet

Redbox Automated Retail, LLC v. Xpress Retail LLC, 2018 WL 950098, No. 17 C 5596 (N.D. Ill. Feb. 20, 2018) Redbox sued defendant DVDXpress alleging trademark infringement and false advertising; DVDXpress moved to dismiss and asserted counterclaims/affirmative defenses, some of … Continue reading →

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Are Crocs’ uniqueness claims a crock?

Posted on October 2, 2017 by rtushnet

Crocs, Inc. v. Effervescent, Inc., No. 06-cv-00605, 2017 WL 4286148 (D. Colo. Sept. 25, 2017) Crocs makes molded clogs, and Dawgs is a competitor. Allegedly, “[e]ach and every functional feature disclosed in the [’858] patent application, except the heel strap, … Continue reading →

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a few misrepresentations aren’t commercial advertising or promotion

Posted on July 5, 2017 by rtushnet

Solmetex, LLC v. Dental Recycling, Inc., No. 17-cv-860, 2017 WL 2840282 (S.D.N.Y. Jun. 26, 2017) The parties compete in the market for devices for removing particulate from dental office wastewater. (Did I mention how much I love learning about market … Continue reading →

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allegedly false generic claims not actionable, but contributory liability possible

Posted on March 20, 2017 by rtushnet

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading →

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allegedly false generic claims not actionable, but contributory liability possible

Posted on March 20, 2017 by rtushnet

Concordia Pharm. Inc., S.À.R.L. v. Winder Laboratories, LLC, 16-CV-00004 (N.D. Ga. Mar. 15, 2017) Concordia makes Donnatal to treat irritable bowel syndrome and acute enterocolitis.  (There’s related litigation that ended badly for the defendant there.)  Concordia’s predecessor had conditional approval … Continue reading →

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Failing to disclose refund policy does not make price claims literally false

Posted on December 2, 2016 by rtushnet

First Data Merchant Services Corp. v. SecurityMetrics, Inc., — Fed.Appx. —-, 2016 WL 7010889, No. 15-2301, No. 15-2364 (4th Cir. Dec. 1, 2016) Lower court opinion discussed here.  The court of appeals affirmed the district court’s rejection of the parties’ … Continue reading →

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