Thursday, September 21, 2023

claims against Starbucks fruit drinks without named fruit can continue

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Kominis v. Starbucks Corp., 2023 WL 6066199, No. 22 Civ. 6673 (JPC) (S.D.N.Y. Sept. 18, 2023) Plaintiffs alleged violations of New York an...
Thursday, September 14, 2023

New engagement ring opinion from Mass. appeals court

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Read it here. Many years ago, I wrote a note about  these disputes seeking return of engagement rings after a broken engagement, which is ...
Monday, September 11, 2023

5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

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Rex Real Estate I, L.P. v. Rex Real Estate Exchange, Incorporated, --- F.4th ----,  2023 WL 5735552, No. 22-50405 (5th Cir. Sept. 6, 2023) ...

Are Burger King menu boards whoppers?

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Coleman v. Burger King Corp., No. 22-cv-20925-ALTMAN (S.D. Fla. Aug. 25, 2023) Plaintiffs alleged that Burger King, through its advertisem...
Thursday, September 07, 2023

claim that Adidas NHL jerseys are not "authentic" versions of on-ice jerseys can proceed

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Smith v. Adidas America, Inc., 2023 WL 5672576, No. 6:22-cv-788 (BKS/ML) (N.D.N.Y. Sept. 1, 2023) A non-food case litigated by Spencer She...

Microsoft's PR agency got Gannett sued by sending it an ad for its Superbowl Ad Meter

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Campbell v. Gannett Co., No. 4:21-00557-CV-RK (W.D. Mo. Aug. 15, 2023) This is a copyright suit against Gannett for advertising-like use o...

SlimFast products aren't "clinically proven," even if the SlimFast plan is, allowing false advertising claim to survive

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McCracken v. KSF Acquisition Corp., 2023 WL 5667869, No. 5:22-cv-01666-SB-SHK (C.D. Cal. Apr. 4, 2023) McCracken alleged that SlimFast foo...
Wednesday, September 06, 2023

plaintiff has standing to seek injunctive relief against allegedly falsely advertised penile implant

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Peña v. International Medical Devices, Inc., No. 2:22-cv-03391-SSS-PLAx, 2023 WL 5667568 (C.D. Cal. Apr. 17, 2023) Plaintiff brought the u...

gray marketer's counterclaims against Toyota survive, but it still must defend itself

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One case, two opinions. Toyota Motor Sales, U.S.A., Inc. v. Allen Interchange LLC, 2023 WL 5206884, No. 22-cv-1681 (KMM/JFD) (D. Minn. Aug. ...

"major flaw"/"tendency to shear" false advertising claims fail

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Shepard & Assoc., Inc. v. Lokring Tech., LLC, 2023 WL 5229803, No. 1:20-cv-02488 (N.D. Ohio Aug. 15, 2023) Lokring sells fittings for ...

Zillow's "agent" and "other" tabs were literally false where some agents ended up in "other" purgatory

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REX – Real Estate Exchange, Inc. v. Zillow, Inc., 2023 WL 5334389, No. C21-0312 TSZ (W.D. Wash. Aug. 18, 2023) Zillow aggregates listings ...

claims about legality of insurance service are falsifable

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Route App, Inc. v. Heuberger, 2023 WL 5334192, No. 2:22-cv-00291-TS-JCB (D. Utah Aug. 18, 2023) (magistrate) Route is a package tracking c...
Tuesday, September 05, 2023

state consumer protection law gives competitor plaintiff more leeway than Lanham Act, court holds

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SME Steel Contractors, Inc. v. Seismic Bracing Company, LLC, --- F.Supp.3d ----, 2023 WL 4463246, No. 2:17-cv-00702-RJS-DAO (D. Utah Jul. 11...

AMG Capital didn't change monetary remedies for civil contempt

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Federal Trade Commission v. National Urological Group, Inc., 2023 WL 5541756 No. 21-14161, --- F.4th ---- (11th Cir. Aug. 29, 2023) Near...

court certifies "C+Collagen" class even if consumers don't know that all collagen is from animals

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Gunaratna v. Dennis Gross Cosmetology LLC, No. CV 20-2311-MWF (GJSx), 2023 WL 5505052 (C.D. Cal. Apr. 4, 2023) Previously, the court denie...