Friday, October 29, 2021

facially plausible false advertising claim can be added to TM complaint

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In case you're looking for a roadmap for leave to amend:  Ideavillage Products Corp. v. Copper Compression Brands LLC, 2021 WL 5013799, ...

Lanham Act willfulness satisfies Bankruptcy Act willful/malicious standard

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In re Better Than Logs, Inc., 631 B.R. 670, No. 20-20160-BPH (D. Mont. Jun. 11, 2021) A rare bankruptcy/false advertising interaction. Cre...
Tuesday, October 26, 2021

Seen in NYC: the Twix bar that isn't.

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 Yum. "A shortbread cookie topped with a layer of caramel, a layer of chocolate ganache, dipped in dark chocolate and drizzled with whi...

Timeshare case: proof of causation/damages is difficult especially w/o grasp of Bayesian probability

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Wyndham Vacation Ownership, Inc. v. Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D. Fla. Sept. 20, 2021) In this timeshare exit f...
Monday, October 25, 2021

Court rejects "buy button" false advertising claim because consumer hasn't yet lost access to "purchased" content

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Caudel v. Amazon.com, 2021 WL 4819602, No. 20-cv-00848-KJM-KJN (E.D. Cal. Oct. 15, 2021) Disagreeing with a case against Apple , the court...

Puzzlingly calling a venue name a "title," court nonetheless rejects claim against MTV show

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MGFB Properties, Inc. v. ViacomCBS INC., 2021 WL 4843905, NO. 5:19cv257-RH-MJF (N.D. Fla. Sept. 22, 2021) The Flora-Bama lounge and entert...

"virologist developed" etc. plausibly implies disease prevention

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Corbett v. PharmaCare U.S., Inc., 2021 WL 4866124, No. 21cv137-GPC(AGS) (S.D. Cal. Oct. 19, 2021) This is a putative class action for viol...
Tuesday, October 19, 2021

Tiffany blues

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 Today's swag for use in class, Stuart Semple's Tiff (or is it Tiff---?): packaging
Wednesday, October 13, 2021

Trump loses motion to dismiss Electric Avenue case on fair use grounds

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Grant v. Trump, No. 20-cv-7103 (JGK) (S.D.N.Y. Sept. 28, 2021) Eddy Grant sued Trump and his campaign for retweeting a pro-Trump video tha...
Tuesday, October 12, 2021

over dissent, 9th Cir. denies injury presumption to false advertising claimant

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Quidel Corp. v. Siemens Medical Solutions USA, Inc., 2021 WL 4622504, No. 20-55933, No. 3:16-cv-03059-BAS-AGS (9 th Cir. Oct. 7, 2021) Qu...

if it's on the label, courts can presume consumers saw it

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Bailey v. Rite Aid Corp., 2021 WL 4469638, No. 4:18-cv-06926 YGR (N.D. Cal. May 26, 2021) Rite Aid moved to reconsider a previous ruling d...

defendant moots claim by ending activity in a way that would require gov't consent to restart

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Snarr v. HRB Tax Gp., Inc., 2021 WL 4499416, No. 19-cv-03610-SK (N.D. Cal. Aug. 24, 2021) Snarr alleged that HRB violated the usual Califo...

challenging defendant's clinical proof claim is falsity, not lack of substantiation

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Woodard v. Labrada, 2021 WL 4499184, No. EDCV 16-189 JGB (SPx) (C.D. Cal. Aug. 31, 2021) Woodard brought the usual California claims and s...
Monday, October 11, 2021

counting chickens: should disgorgement be harder for false advertising than for TM?

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Certified Neutraceuticals Inc. v. Clorox Co., 2021 WL 4460806, No. 18-cv-0744 W (KSC) (S.D. Cal. Sept. 29, 2021) The Clorox defendants sel...

Juxtaposition doesn't necessarily mean one claim bleeds into another

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Engram v. GSK Consumer Healthcare Holdings (US) Inc., 2021 WL 4502439, No. 19-CV-2886(EK)(PK) (E.D.N.Y. Sept. 30, 2021) GSK sells “2 in 1 ...