Friday, November 19, 2021

Even in a small market, a few varied phone calls aren't commercial advertising or promotion

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Meredith Lodging LLC v. Vacasa LLC, No. 6:21-cv-326-MC, 2021 WL 5316986 (D. Or. Nov. 15, 2021) Previous motion to dismiss. Plaintiff atte...

False advertising is distinct from violation of antidumping rules; FTC/AGs needed

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Dalian Meisen Woodworking Co v. United States, 2021 WL 5371406, No. 20-00109 (Ct. Int’l Trade Nov. 18, 2021) I can’t improve upon the cour...

Lawfare in the orphan drug space

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Neurelis, Inc. v. Aquestive Therapeutics, Inc., --- Cal.Rptr.3d ----, 2021 WL 5355958, D077984, D078186 (Ct. App. Nov. 17, 2021) The parti...
Tuesday, November 09, 2021

erroneously collecting sales tax isn't an unfair act or practice in trade or commerce

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Ranalli v. Etsy.com, 2021 WL 5166568, No. 21-88 (W.D. Pa. Nov. 5, 2021) Ranalli brought this putative class action for violations of the P...
Monday, November 08, 2021

I can’t believe it’s not butter—because the label said it was all butter

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Boswell v. Bimbo Bakeries USA, Inc., 2021 WL 5144552, No. 20-CV-8923 (JMF) (S.D.N.Y. Nov. 4, 2021) Boswell sued on the theory that the pac...

Another pandemic university fees claim fails

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Yodice v. Touro College, 2021 WL 5140058, No. 21cv2026 (DLC) (S.D.N.Y. Nov. 4, 2021) It’s now been long enough that there are a couple of ...

Dastar bars some claims about "patented" statements but related superiority statements are still at issue

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BPI Sports, LLC v. ThermoLife Int’l, LLC, 2021 WL 4972975, No. 19-60505-CIV-SMITH (S.D. Fla. Jul. 27, 2021) BPI sued ThermoLife for violat...
Friday, November 05, 2021

policy of paying only 85% purchase price for claims under service policy isn't inherently deceptive/abusive

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Shuman v. SquareTrade Inc., 2021 WL 5113176, No. 20-cv-02725-JCS (N.D. Cal. Nov. 3, 2021) SquareTrade sells service contracts for the prot...

Small company successfully pleads materiality/damage against Microsoft

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TocMail Inc. v. Microsoft Corp., 2021 WL 5084182, No. 20-60416-CIV-CANNON/Hunt (S.D. Fla. Jul. 16, 2021) Previous ruling ; new judge still...
Tuesday, November 02, 2021

Classmates.com, the right of publicity, and copyright preemption

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Callahan v. PeopleConnect, Inc., 2021 WL 5050079, No. 20-cv-09203-EMC (N.D. Cal. Nov. 1, 2021) Plaintiffs in this putative class action al...
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...