Tuesday, June 21, 2022

SEC disclosures comment: fixed link

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 In support of climate disclosures.
Monday, June 20, 2022

TM laches where a band broke up "for now" but its music remained on Spotify etc.

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Satan Wears Suspenders, Inc. v. Jaar, 2022 WL 2181449, 21 Civ. 812 (ER) (S.D.N.Y. Jun. 16, 2022) Where a musical group’s music remains pub...

Reasonable consumers don't know what every ingredient is and does

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Anderson v. Unilever U.S., Inc., 2022 WL 2181575, No. 21-CV-3117 (KMK) (S.D.N.Y. Jun. 16, 2022) Anderson alleged that Unilever’s “Deep M...
Friday, June 17, 2022

SEC comment on 1A and climate disclosures with @democracyfwd

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Thanks to the folks at Democracy Forward for getting me involved in this: climate policy disclosures are factual and legitimate tools to pro...
2 comments:

Amicus of copyright law professors in Warhol Foundation v. Goldsmith

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 Available here. Thanks to all who participated! Summary of argument: If the meaning of artistic works were objective, an art appreciation c...

4th Circuit upholds contempt ruling in false advertising case: scrub your website and FB account!

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De Simone v. VSL Pharmaceuticals, Inc., --- F.4th ----, 2022 WL 2036293, No. 20-1846, No. 20-1869 (4th Cir. Jun. 7, 2022) The court upheld...

review by competitor posing as consumer actionable under Lanham Act

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Beyond Blond Prods., LLC v. Heldman, 2022 WL 2036306, No. CV 20-5581 DSF (GJSx) (C.D. Cal. Mar. 3, 2022) This is a lawsuit about an allege...

10th circuit won't presume false advertising harm just from direct competition

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American Society of Home Inspectors, Inc. v. International Ass’n of Certified Home Inspectors, --- F.4th ----, 2022 WL 2125492, No. 21-1087 ...
Thursday, June 16, 2022

Court trims claims against for-profit "charity" sweepstakes site that keeps 85% of "donations"

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Knuttel v. Omaze, Inc., No. 2:21-cv-09034-SB-PVC, 2022 WL 1843138 (C.D. Cal. Feb. 22, 2022) Plaintiffs used Omaze’s website to “donate” mo...

timeshare exit ads could proximately cause harm even w/o telling people to stop paying

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Diamond Resorts U.S. Collection Development, LLC v. Newton Group Transfers, LLC, 2022 WL 1652587, No. 9:18-CV-80311-REINHART (S.D. Fla. Apr....

claim against allegedly deceptive charity marketing mainly survives motion to dismiss

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Puterbaugh v. Oorah, Inc., No. SACV 21-01593-CJC (DFMx), 2022 WL 2046102 (C.D. Cal. Jan. 27, 2022) Plaintiff alleged that defendants Oorah...

comparator product need not be on the shelf at p's store to show harm via price premium theory

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Eidelman v. Sun Prods. Corp., 2022 WL 1929250, 21-1046-cv (2d Cir. Jun. 6, 2022) The district court granted summary judgment to Sun Produc...
Wednesday, June 15, 2022

dueling SJ motions lose in energy drink case; jury will decide whether "Super Creatine" is "creatine"

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Monster Energy Co. v. Vital Pharmaceuticals, Inc., 2022 WL 1599712, No. EDCV 18-1882 JGB (SHKx) (C.D. Cal. Apr. 19, 2022) The parties comp...

alleged "misinformation campaign" about micro-irrigation firm is enough to survive motion to dismiss

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Netafim Irrigation, Inc. v. Jain Irrigation, Inc., 562 F.Supp.3d 1073 (E.D. Cal. 2021) The parties compete in the micro-irrigation industr...

should consumer experts get to use the word "material" in testimony?

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This court says no, but I wonder what evidence experts think. I guess I wouldn't be surprised if courts didn't allow experts on the ...