43(B)log
SEPTEMBER 6, 2023
2:22-cv-03391-SSS-PLAx, 2023 WL 5667568 (C.D. 17, 2023) Plaintiff brought the usual California statutory claims against Penuma, a penile implant/procedure, for alleged misstatements about Penuma’s safety and efficacy. International Medical Devices, Inc., Here, we deal only with the claims for injunctive relief.
JD Supra Law
JUNE 22, 2023
In a case originally based on a false advertising claim under § 43(a) of the Lanham Act, the US Court of Appeals for the Ninth Circuit affirmed in part, reversed in part and remanded the district court’s dismissal of the claim. June 2, 2023) (Clifton, Bumatay, By: McDermott Will & Emery Enigma Software Group USA, LLC v.
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43(B)log
JULY 19, 2023
19-662-CFC, 2023 WL 4561059 (D. 17, 2023) Another entry in the “courts treat Lanham Act false advertising very differently than Lanham Act trademark infringement, despite identical damages provisions” line. CareDx sued Natera for false advertising. Natera, Inc., It also found that CareDx was entitled to $21.2
43(B)log
DECEMBER 15, 2023
2023 WL 8586681, No. 8, 2023) When does TM logic creep into false advertising cases? The allegation that hundreds of brands have been targeted by Tundra’s false advertising “supports an inference Tundra’s misrepresentations have the tendency to deceive a substantial segment of Faire’s audience.”
43(B)log
MAY 13, 2024
Here, the city successfully wins remand (and a fee award) in this opinion rejecting removal of its false advertising suit against Exxon, other fossil fuel companies, and their top trade association for violations of New York City’s Consumer Protection Law. 2023), the court understandably refuses to distinguish it.
43(B)log
OCTOBER 18, 2024
Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.
43(B)log
DECEMBER 22, 2023
2023 WL 8811499, No. 20, 2023) The court denies settlement approval in this case alleging that Macy’s misrepresented the thread count in some of the sheets it sold, because it doesn’t like the cy pres part of the remedy. You might think that class action rules can be a bit like Calvinball, and I'd be hard pressed to disagree.
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