Tuesday, October 31, 2017

Consumers can't recover for GM's self-tarnishment

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In re General Motors LLC Ignition Switch Litigation, --- F.Supp.3d ---- 2017 WL 2839154, No. 14–MD–2543 (S.D.N.Y. Jun. 30, 2017) This m...

Just in time for Halloween, a Reese's question

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Should Reese's object to the following description of candy molds? The "Reese's Shape" version of the tartlet/candy mold...

Initial decision in FTC 1-800 case finding that anti-keyword agreements violated antitrust law

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Agreed-on limits on advertising, like agreed-on limits on other inputs, risk being a per se violation of the antitrust laws.  Here, a blanke...
Friday, October 27, 2017

Public disclosure of private facts

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Setting FERPA aside, does Taiwan Jones have any claim based on the viral tweet about his failed midterm ?  ( Skepticism here. )

Website copying allegations allow potpourri of claims

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DHI Group, Inc. v. Kent, No. 16-1670, 2017 WL 4837730 (S.D. Tex. Oct. 26, 2017) DHI and Oilpro compete in the market for websites for o...

Likely success & irreparable harm still doesn't justify ex parte TRO against false ad. given counterspeech

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Verified Nutrition, LLC v. Sclar, 2017 WL 4785948, No. 17-cv-07499 (C.D. Cal. Oct. 23, 2017) Verified sells ProstaGenix, which is “an a...
Monday, October 23, 2017

9th Circuit rules failure to recognize labeled ads as such "implausible"

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Novation Ventures, LLC v. J.G. Wentworth Co., No. 16-55289, 2017 WL 4711477 (9 th Cir. Oct. 19, 2017) District court opinion discussed...

9th Circuit rules inability to trust future representations provides standing for injunctive relief

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Davidson v. Kimberly-Clark Corp., 2017 WL 4700093, -- F.3d --, No. 15-16173 (9 th Cir. Oct. 20, 2017) Rejecting a number of district c...
Thursday, October 19, 2017

When the specifics are misleading: medical test stats draw false advertising claim

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Quidel Corp. v. Siemens Med. Solutions USA, Inc., 2017 WL 4654644, No. 16-cv-3059 (S.D. Cal. Oct. 16, 2017) Quidel is a “diagnostic hea...
Wednesday, October 18, 2017

Reading list: scientific claims and anti-fraud laws

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Shannon Roesler, Evaluating Corporate Speech About Science (forthcoming, Geo. L.J. 2018) Pull quote: “[C]onsumer protection laws shoul...
Tuesday, October 17, 2017

Undisclosed, and disclosed, influence when going to the mattresses

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Fast Company has a great story about the intricate operations and arguable shenanigans of mattress reviewers who are also paid affiliates.
Monday, October 16, 2017

Consumer's ability to trust future representations provides standing to seek injunctive relief

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Delman v. J. Crew Group, Inc., 2017 WL 3048657, No. 16-9219 (C.D. Cal. May 15, 2017) This is another factory outlet false advertising c...

TM use in ad text and on website not confusing where true source is clearly marked

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Guardian Pool Fence Sys. Inc., Plaintiff, v. Sunwest Industries, Inc., No. 16-0824, 2017 WL 2931413 (C.D. Cal. Jun. 1, 2017) Guardian a...
Tuesday, October 10, 2017

Uncontradicted testimony that defendant’s claim lacks scientific support requires judgment for plaintiffs

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Rosendez v. Green Pharmaceuticals, No. D071073, 2017 WL 4400011 (Cal. Ct. App. Oct. 4, 2017) (unpublished) Plaintiffs alleged that Gr...
Friday, October 06, 2017

Suing Doe reviewers under the Lanham Act fails

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Reybold Gp. v. Does 1-20, 2017 WL 4326360, No. 17-810 (D. Del. Sept. 29, 2017) (magistrate judge) Reybold sued the Does for infringemen...