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Recent Posts
- Happy inauguration day to Redbubble in particular: 9th Cir. affirms functionality in Lettuce Turnip the Beet
- Dastardly DoorDash fails to get restaurant complaint dismissed, including under UCL/FAL
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- Rogers v. Grimaldi and the TMA
- American Merck and German Merck’s TM battle doesn’t involve covered “advertising injury”
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Meta
Tag Archives: unfairness
a rare freestanding UCL unfairness claim re: service termination that rendered cameras nonfunctional
Soo v. Lorex Corp., 2020 WL 5408117, No. 20-cv-01437-JSC (N.D Cal. Sept. 9, 2020) Plaintiffs brought California and New York consumer protection claims based on what happened to their home security Flir cameras; defendants moved to compel arbitration, which was … Continue reading
Placebo effect is ok by CLRA: Homeopathic remedy wins jury trial on false advertising, still needs to defend against “unfairness”
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
What’s UpCounsel? LegalForce thinks it’s false advertising
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
In which I sue Amazon again
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
Posted in Uncategorized
Tagged ftc, In which I sue Amazon again false advertising, my lawsuits, unfairness
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FTC rules don’t explain excessive redactions in FTC v. Amazon
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
California false advertising requires “advertising,” but unfair competition doesn’t
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
Copyright infringement is channeled into (c), not state or Lanham Act claims
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
Regression damages model fails to convince court
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