Monday, August 26, 2019

self-granted star ratings were textbook puffery where claimed features were general

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Knowles v. Arris International PLC, No. 17-CV-01834-LHK, 2019 WL 3934781 (N.D. Cal. Aug. 20, 2019) Plaintiffs brought a class action b...
Friday, August 23, 2019

timeshare company adequately pleads case against timeshare exit promoter

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Wyndham Vacation Ownership v. Reed Hein & Assoc., LLC, No. 18-cv-02171-GAP-DCI, 2019 WL 3934468 (M.D. Fla. Aug. 20, 2019) This is ...

failure to disprove other possible sources of sales defeats irreparable harm in false ad/patent case

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Citrix Systems, Inc. v. Workspot, Inc., 2019 WL 3858602, No. 18-588-LPS (D. Del. Aug. 16, 2019) Citrix sued Workspot for patent infrin...

Weight Watchers competitor wins dismissal of TM claims over "millennials are calling [it] Weight Watchers 2.0" ad

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Weight Watchers Int’l, Inc. v. Noom, Inc., 2019 WL 3890139, No. 18-cv-9637 (PKC) (S.D.N.Y. Aug. 19, 2019) Noom markets “weight-loss se...
Monday, August 19, 2019

Supplement ingredient supplier lacks Article III standing against supplement seller

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ThermoLife International LLC v. American Fitness Wholesalers LLC, 2019 WL 3840988, No. CV-18-04189-PHX-JAT (D. Ariz. Aug. 15, 2019) Co...

Reading list: Julie Cohen on internet exceptionalism's failures

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Julie E. Cohen, Internet Utopianism and the Practical Inevitability of Law , 18 Duke L. & Tech. Rev. 85 (2019) From the Introducti...
Friday, August 16, 2019

Rogers question: could this art be explicitly misleading?

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One reason that Gordon v. Drape Creative  is so concerning is that it reads "explicit" to be something other than explicit--maybe ...

fake online review by competitor wasn't advertising/promotion, 10th Circuit says

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Wilson v. AdvisorLaw LLC, --- Fed.Appx. ----, 2019 WL 3819604, No. 18-1441 (10th Cir. Aug. 15, 2019) Wilson, a lawyer, had a relations...
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Thursday, August 15, 2019

Reading list: once upon a time in student debt

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Now that's how to get people reading: Intergenerational Equity, Student Loan Debt, and Taxing Rich Dead People Victoria J. Haneman C...

a made-up credential implying a doctorate is inherently misleading

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Wilson v. Ohio State Chiropractic Board, 2019 WL 3801546, No. 18AP-739, 2019 -Ohio- 3243 (Ct. App. Aug. 13, 2019) The Board discipline...

Kellogg's un-FDAMA-approved health claim was "unlawful" under UCL

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Hadley v. Kellogg Sales Co., 2019 WL 3804661, No. 16-CV-04955-LHK (N.D. Cal. Aug. 13, 2019) An important reminder that California’s UC...

Bobby Brown's failed ROP claim shows some of the cracks in the current ROP tests

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Brown v. Showtime Networks, Inc., No. 18 Civ. 11078 (CM) (JLC), 2019 BL 290214 (S.D.N.Y. Aug. 02, 2019) Bobby Brown and the Estate of ...
Monday, August 12, 2019

click tracking makes online false advertising harm reparable, preliminary injunction inappropriate

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Carson Optical, Inc. v. Alista Corp., 2019 WL 3729460, No. 19-cv-1725 (SJF)(AKT) (E.D.N.Y. Aug. 8, 2019) Carson sells three products o...

anti-tanning public service campaign targeted all tanning salons, thus couldn't disparage them

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JB & Associates, Inc. v. Nebraska Cancer Coalition, --- N.W.2d ----, 303 Neb. 855, No. S-18-719, 2019 WL 3756342 (Aug. 9, 2019) Ap...

statements about guest's supposed misbehavior at fan convention aren't actionable under Lanham Act

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Alexander v. Falk, 2019 WL 3717802, No. 16-cv-02268-MMD-GWF (D. Nev. Aug. 7, 2019) Randi Alexander and Jackson Young sued a bunch of e...