plaintiff suing for noncomparative false advertising fails to establish irreparable harm

True Organic Products, Inc. v. California Organic Fertilizers, Inc., 2019 WL 1023888, No. 18-CV-1278 AWI EG (E.D. Cal. Mar. 4, 2019)If trademark owners have cause to bemoan eBay’s application to Lanham Act claims, false advertising plaintiffs have even more, as this case demonstrates. Plaintiff True sells organic fertilizers, and is one of the largest and most sought-after manufacturers of organic fertilizers on the West Coast. Defendant COFI directly competes with True for sales of organic liquid fertilizer containing at least 4% nitrogen.COFI sells Phytamin Clear, whose label states that it contains 4% nitrogen, which is composed of 3% nitrate nitrogen and 1% ammoniacal nitrogen. Phytamin Clear’s label also reads: “Derived from mined seabird guano.” The Material Safety Data Sheet repeats the guano claim. “Phytamin Clear is appealing to growers because of its high nitrate nitrogen levels and because the clear liquid can be easily applied through…

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