Tuesday, December 31, 2019

"diet" isn't misleading for soda even if surveys say it is

›
Becerra v. Dr Pepper/Seven Up, Inc., 2019 WL 7287554, No. 18-16721 (9 th Cir. Dec. 30, 2019) Becerra alleged that Dr Pepper violated th...
1 comment:

Competitor's Google review accusing P of "scam" was nondefamatory opinion

›
Creditors Relief LLC v. United Debt Settlement LLC, 2019 WL 7288978, No. 17-7474 (D.N.J. Dec. 30, 2019) Plaintiff CR is a New Jersey-b...

Amicus brief in 4th Circuit Lanham Act case on the meaning of literal falsity

›
Brian Wolfman filed this amicus , which I drafted, on behalf of a number of Lanham Act professors. It involves a false advertising case with...

3d Circuit gets descriptiveness right: it's a matter of both the term and the goods/services

›
Engage Healthcare Communications, L.L.C. v. Intellisphere, L.L.C., --- Fed.Appx. ----, 2019 WL 6170825, No. 19-1017 (3d Cir. Nov. 20, 20...
Monday, December 30, 2019

e-cigarette sellers must substantiate greater population-level safety to make "safer" claims

›
Nicopure Labs, LLC v. Food & Drug Admin., No. 17-5196 (D.C. Cir. Dec. 10, 2019) In the Tobacco Control Act, Congress gave the FDA ...

lack of safety/higher failure rates plausibly meant products weren't "compatible"

›
Straumann USA, LLC v. TruAbutment Inc., No. 8:19-cv-00878-JLS-DFM, 2019 WL 6887173 (C.D. Cal. Oct. 1, 2019) The parties compete in the...
Friday, December 27, 2019

calling business duration into question could actionably disparage its honesty

›
Giannone v. Giannone, 2019 WL 6910151, No. 16-cv-911 (E.D. Pa. Dec. 18, 2019) “A lamentable father-son conflict over a family plumbing...

false claims about duration of business could be actionable

›
SPS Technologies, LLC v. Briles Aerospace, Inc., 2019 WL 6841992, No. CV 18-9536-MWF (ASx) (C.D. Cal. Oct. 30, 2019) The parties compe...

you can't plead false advertising to get around Dastar

›
Focal Point Films, LLC v. Sandhu, 2019 WL 7020209, No. 19-cv-02898-JCS (N.D. Cal. Dec. 20, 2019) (magistrate, by consent) Focal Point/...

statutory Lanham Act standing exists when advertiser is advertising but not yet selling

›
CareDx, Inc. v. Natera, Inc., 2019 WL 7037799, No. 19-662-CFC-CJB (D. Del. Dec. 20, 2019) (magistrate) A nicely reasoned opinion about...
Monday, December 16, 2019

don't bring a chef to a food class action

›
Marotto v. Kellogg Co., No. 18 Civ. 3545 (AKH), 2019 WL 6798290, --- F.Supp.3d ---- (S.D.N.Y. Dec. 5, 2019) Here, the plaintiff’s stat...

court enjoins bar on "fake meat" labels; implications for FDA standards of identity?

›
Turtle Island Foods SPC v. Soman, No. 4:19-cv-00514-KGB (E.D. Ark. Dec. 11, 2019) Unsurprisingly, the court here enjoins provisions of...