56 Cited authorities

City of Monterey v. Del Monte Dunes at Monterey, Ltd.
526 U.S. 687 (1999) Cited 1,419 times 3 Legal Analyses
Holding that "[i]t is settled law that the Seventh Amendment does not apply" in "suits seeking only injunctive relief" or suits seeking only equitable relief
Pom Wonderful LLC v. Coca-Cola Co.
573 U.S. 102 (2014) Cited 327 times 31 Legal Analyses
Holding that the FDCA did not bar a Lanham Act claim alleging that a "Pomegranate-Blueberry" juice blend was misleadingly labeled because it contained only 0.3% pomegranate juice and 0.2% blueberry juice
Cook, Perkiss Liehe v. N.C. Collection Serv
911 F.2d 242 (9th Cir. 1990) Cited 2,219 times 2 Legal Analyses
Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"
TrafficSchool.com, Inc. v. Edriver Inc.
653 F.3d 820 (9th Cir. 2011) Cited 724 times 1 Legal Analyses
Holding that district court committed no error in holding that the defendants violated the Lanham Act but declining to make an award of profits, where the plaintiffs "didn't produce any proof of past injury or causation"
Southland Sod Farms v. Stover Seed Co.
108 F.3d 1134 (9th Cir. 1997) Cited 681 times 5 Legal Analyses
Holding that defendants cannot be liable for false advertising when they were not "responsible for disseminating the offending advertisements"
Precision Co. v. Automotive Co.
324 U.S. 806 (1945) Cited 1,062 times 9 Legal Analyses
Holding that clean-hands doctrine "presupposes [a court of equity's] refusal ... to be the ‘abetter of iniquity’ " (quoting Bein v. Heath , 47 U.S. 228, 247, 6 How. 228, 12 L.Ed. 416 (1848) )
Jarrow Formulas, Inc. v. Nutrition Now, Inc.
304 F.3d 829 (9th Cir. 2002) Cited 345 times 4 Legal Analyses
Holding that after a finding of unreasonable delay, laches would not apply unless defendant also demonstrated prejudice
J. J. Vision Care v. 1-800 Contacts
299 F.3d 1242 (11th Cir. 2002) Cited 268 times 2 Legal Analyses
Vacating preliminary injunction against defendant due to lack of evidence that defendant's references in advertising to "eye doctor" rather than "eye care practitioner" could have had any effect on consumer behavior
Lindy Pen Co. v. Bic Pen Corp.
982 F.2d 1400 (9th Cir. 1993) Cited 328 times 4 Legal Analyses
Holding that the damages for lost profits set forth were speculative because plaintiff produced evidence of its total product sales, without subdividing its data into the category of sales at issue; the court also noted that "[i]t would have been error for the district court to select an arbitrary percentage of total sales to represent the more narrow submarket of telephone sales"
National Basketball Assoc. v. Motorola, Inc.
105 F.3d 841 (2d Cir. 1997) Cited 289 times 11 Legal Analyses
Holding that state law commercial misappropriation claim brought by the NBA against pager service that delivered real-time game scores was preempted, because the allegations supporting the NBA's claim were "virtually synonymous [with] wrongful copying and are in no meaningful fashion distinguishable from infringement of a copyright"
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,839 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,279 times 320 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 4,886 times 144 Legal Analyses
Granting district courts significant discretion to award damages for a violation of § 1125
Section 45 - Unfair methods of competition unlawful; prevention by Commission
15 U.S.C. § 45 Cited 3,854 times 558 Legal Analyses
Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
Rule 38 - Right to a Jury Trial; Demand
Fed. R. Civ. P. 38 Cited 2,260 times 9 Legal Analyses
Explaining that a party waives its right to a jury trial by failing to properly request one
Rule 39 - Trial by Jury or by the Court
Fed. R. Civ. P. 39 Cited 1,806 times 10 Legal Analyses
Granting the trial court the power to determine that "a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States"
Section 102.33 - Beverages that contain fruit or vegetable juice
21 C.F.R. § 102.33 Cited 17 times 2 Legal Analyses
Referencing id. § 101.22

Pom Wonderful LLC v. The Coca Cola Company et al

56 Cited authorities

Holding that "[i]t is settled law that the Seventh Amendment does not apply" in "suits seeking only injunctive relief" or suits seeking only equitable relief

Holding that the FDCA did not bar a Lanham Act claim alleging that a "Pomegranate-Blueberry" juice blend was misleadingly labeled because it contained only 0.3% pomegranate juice and 0.2% blueberry juice

Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

Holding that district court committed no error in holding that the defendants violated the Lanham Act but declining to make an award of profits, where the plaintiffs "didn't produce any proof of past injury or causation"

Holding that defendants cannot be liable for false advertising when they were not "responsible for disseminating the offending advertisements"

Holding that clean-hands doctrine "presupposes [a court of equity's] refusal ... to be the ‘abetter of iniquity’ " (quoting Bein v. Heath , 47 U.S. 228, 247, 6 How. 228, 12 L.Ed. 416 (1848) )

Holding that after a finding of unreasonable delay, laches would not apply unless defendant also demonstrated prejudice

Vacating preliminary injunction against defendant due to lack of evidence that defendant's references in advertising to "eye doctor" rather than "eye care practitioner" could have had any effect on consumer behavior

Prohibiting unlawful business practices

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Granting district courts significant discretion to award damages for a violation of § 1125

Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

Explaining that a party waives its right to a jury trial by failing to properly request one

Granting the trial court the power to determine that "a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States"

Referencing id. § 101.22