Wednesday, May 22, 2013

Fordham conference book published

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Passing this announcement along from the publisher, including a discount offer: Intellectual Property Law and Policy Volume 12 Edited by ...

Being fooled by false "sale" ads confers standing despite receiving advertised price

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Hinojos v. Kohl’s Corp., No. 11-55793 (9th Cir. May 21, 2013) Judge Reinhardt began with some scene-setting: Most consumers have, ...

allegations of patent infringement protected by Noerr-Pennington doctrine

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Sliding Door Co. v. KLS Doors, LLC, 2013 WL 2090298 (C.D. Cal.) Sliding Door sued defendants alleging patent infringement; defendants...
Tuesday, May 21, 2013

consumer who knows truth lacks standing for injunctive relief

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Mason v. Nature's Innovation, Inc., 2013 WL 1969957 (S.D. Cal.) Mason sued NI based on his purchase of Naturasil skin tag remover, ba...

court parses Lanham Act standing on statement by statement basis

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FieldTurf USA Inc. v. TenCate Thiolon Middle East, 2013 WL 1963918 (N.D. Ga.) While this was mainly a breach of contract action, the ...

restitution for deception is the same as restitution for the underlying unfair practice

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Gutierrez v. Wells Fargo Bank, No. 3:07-cv-05923 (N.D. Cal. May 14, 2013) Previous coverage here  (9th Circuit) and here (earlier di...

Another court rejects waiting for FDA to act on "natural"

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Janney v. Mills, 2013 WL 1962360 (N.D. Cal.) Plaintiffs, bringing the usual California claims, alleged that certain Nature Valley pro...
Monday, May 20, 2013

Never steal anything from someone you can't outrun: Warner Bros. defeats infringement claim

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Fortres Grand Corporation v. Warner Bros. Entertainment Inc., No. 3:12-cv-00535 (N.D. Ind. May 16, 2013) McCarthy has said that there...

Allegedly false equivalence statement triggers insurer's duty to defend

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JAR Laboratories LLC v. Great American E & S Ins. Co., 2013 WL 1966386 (N.D. Ill.) JAR sued its insurer seeking a declaration of ...

No reasonable consumer would think diet soda "all-natural"

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Viggiano v. Hansen Natural Corp., --- F.Supp.2d ----, 2013 WL 2005430 (C.D. Cal.) Viggiano brought the usual California claims, along...

bewildering complexity of modern world makes class certification difficult

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Red v. Kraft Foods, Inc., 2012 WL 8019257 (C.D. Cal.) Plaintiffs sued Kraft under the UCL, FAL, and CLRA based on allegedly false mar...