Tag Archives: Unclean

burger case involves unclean hands (ew) and literal falsity about beef amounts

In-N-Out Burgers v. Smashburger IP Holder LLC, 2018 WL 7891028, No. SACV 17-1474 JVS(DFMx) (C.D. Cal. Dec. 21, 2018)As relevant here, In-N-Out alleged that Smashburger falsely advertised its Triple Double hamburger as containing “Double the Beef” because the burger’s two … Continue reading

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Bringing a false advertising claim with unclean hands leads to fee award

Certified Nutraceuticals, Inc. v. Avicenna Nutraceutical, LLC, 2018 WL 5840042, No. 16-cv-02810-BEN-BGS (S.D. Cal. Nov. 7, 2018)The court awarded roughly $170,000 in fees in this Lanham Act false advertising case because the plaintiff engaged in the same conduct (falsely claiming … Continue reading

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Anenson on Unclean Hands

T. Leigh Anenson (University of Maryland – Robert H. Smith School of Business) has posted Introduction to Judging Equity: The Fusion of Unclean Hands in U.S. Law (Judging Equity: The Fusion of Unclean Hands in U.S. Law, Cambridge University Press (November, 2018, … Continue reading

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Unclean (but collagen rich) hands in a false advertising case

Certified Nutraceuticals, Inc. v. Avicenna Nutraceutical, LLC, 2018 WL 3361142, No. 16-cv-02810-BEN-BGS (C.D. Cal. Jul. 10, 2018)A rare unclean hands victory in a false advertising case.  Certified alleged that Avicenna, its competitor in the market for collagen products used as … Continue reading

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