Category: 9th Circuit
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Jury Finds Competitor Liable for Infringement of Dan Aykroyd’s Crystal Head Vodka
A jury has unanimously found Elements Spirits Inc. and its founder liable for trade dress infringement of Globefill Inc.’s Crystal Head, a vodka created by actor Dan Aykroyd and sold in a skull-shaped container. Globefill Inc. v. Elements Spirits Inc., No. 10-2034 (C.D. Cal., verdict entered March 29, 2017). Just before the case went to…
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Rockstar Underfilled Coffee Drink Cans, Plaintiff Alleges
Energy-drink company Rockstar faces a putative class action alleging the company underfilled cans of its coffee drinks, giving the company an unfair competitive advantage and shortchanging consumers. Podawiltz v. Rockstar, Inc., No. 17-0477 (D. Ore., filed March 26, 2017). The plaintiff claims he bought several cans of Rockstar’s coffee drinks labeled “15 fl oz [473…
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Projected Class Action Claims Jelly Belly Mislabels “Sport Beans”
A California plaintiff has filed suit against the makers of Jelly Belly Sport Beans claiming the candy maker’s labeling leads consumers to believe the product does not contain sugar. Gomez v. Jelly Belly Candy Co., No. 17-0575 (C.D. Cal., filed March 24, 2017). The complaint alleges the product label says Sport Beans contain “evaporated cane…
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Just Born Faces Second Class Action over Movie Box Candy Slack-Fill Allegations
Just Born, Inc. is facing a putative class action alleging its boxes of candy are underfilled by 35 percent. Escobar v. Just Born, Inc., No. 17-1826 (C.D. Cal., removed to federal court March 17, 2017). The plaintiff allegedly bought a box of the company’s Mike and Ike candy at a movie theater and claims Just…
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Plaintiff Claims Coconut Water Contains No Coconut
An Oregon plaintiff has filed a putative class action against the makers of Cascade Ice Coconut Water alleging the product contains no coconut. Silva v. Unique Beverage Co., LLC, No. 17-0391 (D. Or., filed March 9, 2017). The complaint alleges that “[d]espite the large colorful coconuts and the word ‘Coconut’ that defendant puts on the…
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Court Orders Publicity Plan for Proposed Settlement of Safeway Tuna Cases
A California federal court has postponed issuing a final dismissal order in Safeway Inc.’s proposed settlement with a putative class, ordering the parties to develop a plan for publicizing the settlement to alert other potential plaintiffs that the statute of limitations will begin to run. In re Safeway Tuna Cases, No. 15-5078 (N.D. Cal., order…
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Court Rules Class Action Against Campbell Soup Preempted
A California federal court granted Campbell Soup Co.’s motion to dismiss a putative class action claiming the company “falsely and misleadingly labeled and advertised” one of its soups, ruling that the plaintiff’s claims are expressly preempted by federal law. Brower v. Campbell Soup Co., No. 16-1005 (S.D. Cal., order entered March 21, 2017). The plaintiffs…
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Rachael Ray’s Dog Foods Misrepresented as “Natural, ” Putative Class Action Alleges
A consumer has filed a putative class action against the manufacturers of Rachael Ray’s dog foods, alleging that the products are labeled as “natural” despite containing artificial or synthetic chemicals. Grimm v. APN, Inc., No. 17-0356 (C.D. Cal., filed February 28, 2017). The plaintiff claims that she only bought the dog foods, sold under the…