Friday, August 30, 2024

DC Court of Appeals revives greenwashing suit against Coca-Cola

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Earth Island Institute v. Coca-Cola Co., --- A.3d ----, 2024 WL 3976560, No. 22-CV-0895 (D.C. Aug. 29, 2024) Earth Island sued Coca-Cola u...

FTC lacks jurisdiction over most nonprofits, even sham ones, court rules

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Federal Trade Commission v. Grand Canyon Education, Inc., --- F.Supp.3d ----, 2024 WL 3825087, No. CV-23-02711-PHX-DWL (D. Ariz. Aug. 15, 20...

Organic search results aren't TM "use"

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Alsa Refinish LLC v. Walmart Inc., 2024 WL 3914512, No. 2:23-cv-08536-SVW-MAR (C.D. Cal. Jul. 31, 2024) In 2024, people are still bringing...

6th Circuit applies JDI to political speech, but holds that disclaimers avoid confusion

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Libertarian National Committee, Inc. v. Saliba, No. 23-1856 (6th Cir. Aug. 28, 2024) Dissenting members of the Libertarian Party of Michig...
Thursday, August 29, 2024

unexplained "3x more cutting power" could be false advertising when comparator was unexpected

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Fiskars Finland OY AB v. Woodland Tools Inc., No. 22-cv-540-jdp, 2024 WL 3936444 (W.D. Wis. Aug. 26, 2024) The parties compete in the hand...

using results from one product to tout another isn't passing off, but could be false advertising

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Ortho-Tain, Inc. v. Colorado Vivos Therapeutics, Inc., 2024 WL 3925408, No. 20 C 4301 (N.D. Ill. Aug. 23, 2024) Ortho-Tain sued defendants...

Vizzy gets no kick from champagne, and that's ok

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West v. Molson Coors Beverage Co. USA, No. 23-cv-7547 (BMC), 2024 WL 3718613 (E.D.N.Y. Aug. 7. 2024) Plaintiffs alleged that Molson deceiv...
Wednesday, August 28, 2024

9th Circuit orders district court to reconsider statutory damages award to NY class under NY law

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Montera v. Premier Nutrition Corporation, --- F.4th ----, 2024 WL 3659589, No. 22-16375, 22-16622 (9 th Cir. Aug. 6, 2024) The key legal ...

FDCA doesn't preclude lawsuit based on allegedly false claims about compounding drugs

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Pacira Biosciences, Inc. v. Nephron Sterile Compounding Center, LLC, No. 3:23-5552-CMC, 2024 WL 3656489 (D.S.C. Jul. 15, 2024) Pacira, whi...
Tuesday, August 27, 2024

Lanham Act unclean hands defenses are hard to win

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World Nutrition Inc. v. Advanced Enzymes USA, No. CV-19-00265-PHX-GMS, 2024 WL 3665360 (D. Ariz. Aug. 6, 2024) The parties—here WNI and AS...

Court accepts survey with disclaimer control that causes 38% confusion

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 Another ruling in the PNC v. Plaid case: PNC Financial Services Gp. v. Plaid Inc., 2024 WL 3691607, No. 2:20-cv-1977 (W.D. Pa. Aug. 7, 2024...