Tag Archives: unfairness

Placebo effect is ok by CLRA: Homeopathic remedy wins jury trial on false advertising, still needs to defend against “unfairness”

Posted on May 20, 2019 by

Allen v. Hylands, Inc., — Fed.Appx. —-, 2019 WL 2142843, No. 17-56184 (9th Cir. May 15, 2019) Allen, on behalf of a class, appealled following a jury’s verdict in favor of Hyland’s. “The gravamen of [Allen’s] claims is that Hyland’s … Continue reading →

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What’s UpCounsel? LegalForce thinks it’s false advertising

Posted on January 15, 2019 by

LegalForce RAPC Worldwide P.C. v. UpCounsel, Inc., 2019 WL 160335, No. 18-cv-02573-YGR (N.D. Cal. Jan. 10, 2019) LegalForce’s litigation against various competitors in the trademark registration world continues.  UpCounsel “is an online marketplace for legal services that enables users (primarily … Continue reading →

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In which I sue Amazon again

Posted on May 5, 2016 by

In FTC v. Amazon, the initial opinion was heavily, albeit badly, redacted.  With the able assistance of Paul Alan Levy from Public Citizen, MediaPost and I have moved to unseal the opinion and the documents on which it’s based, on … Continue reading →

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FTC rules don’t explain excessive redactions in FTC v. Amazon

Posted on April 29, 2016 by

F.T.C. v. Amazon.com, Inc., NO. C14-1038-JCC (W.D. Wash. Apr. 26, 2016)   Amazon made it really easy for kids to make in-app purchases in “free” apps; the court agreed with the FTC that this was bad, denying the FTC’s request … Continue reading →

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California false advertising requires “advertising,” but unfair competition doesn’t

Posted on December 15, 2015 by

Golden v. Sound Inpatient Physicians Medical Group, Inc., No. 14-cv-00497, 2015 WL 8539034 (E.D. Cal. Dec. 11, 2015)   Golden, a medical doctor, was a VP of medical affairs/chief quality officer at Dameron Hospital from 2008-2012.  Golden was also the … Continue reading →

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Copyright infringement is channeled into (c), not state or Lanham Act claims

Posted on August 19, 2015 by

Quadratec, Inc. v. Turn 5, Inc., 2015 WL 4876314, No. 13–6384 (E.D. Pa. Aug. 13, 2015)   The parties compete to sell removable soft tops and other aftermarket parts and accessories for Jeep vehicles. Quadratec alleged that it invests substantial … Continue reading →

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Regression damages model fails to convince court

Posted on April 20, 2015 by

Reed Const. Data Inc. v. McGraw-Hill Companies, Inc., — F.Supp.3d —-, 2014 WL 4746130, No. 09–CV–8578 (S.D.N.Y. Sept. 24, 2014)   Reed sued McGraw-Hill for violations of the Lanham Act, the Sherman Act, and various state law torts. The parties … Continue reading →

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