Our members help us keep our quality news free and available for all. In order to have standing to assert a Lanham Act false advertising claim against a defendant, a plaintiff must demonstrate (1) a commercial injury due to a misrepresentation about a product; and (2) that the injury is competitive, meaning that it is harmful to the plaintiff's ability to compete with the defendant. None of these constitutes evidence as to what KFI knew or did not know regarding the actual content of Cashmerino yarns in November 2007. Based on one document, Cascade asserts. Cascade asserts that “the labels profess that the yarns are made of either (1) 12% cashmere, 55% merino wool, and 33% acrylic fibers or, alternatively, (2) 10% cashmere, 60% merino wool, and 30% acrylic fibers.” Cascade Motion for Partial Summary Judgment, Dkt. Co., 105 Wash.2d 778, 719 P.2d 531 (1986). v. Full Speed Ahead, Inc., 2010 WL 1903431 at *11, 2010 U.S. Dist. Tusken became embroiled in controversy after defending a fellow knitter in the community. # 757, pp. The Court has determined that is the case. Our mission continues to provide the highest quality yarns at affordable prices... On September 5, 2019 the annual Knitterati project began. Dkt. Plaintiff contends that the CPA is analogous to the Lanham Act, so that when a defendant is found liable under the Lanham Act, it is also liable under the CPA. We offer a wide selection of free patterns, for use in knitting our yarns. Moreover, in the absence of specific page citations within Exhibit R, the Court cannot sort through the 300 pages to attempt to find what evidence Cascade actually seeks to offer with this exhibit. The summary judgment motion filed by Debbie Bliss and Jay Opperman as to all claims against them (Dkt.# 717) is also GRANTED and these claims are DISMISSED. On May 26, 2006, Langley “issued a report and concluded that ‘[n]o cashmere fibers were observed.’ ” Id., ¶ 41. Langley lab led to the filing of the original and successive amended complaints, all alleging that KFI yarn is mislabeled as to fiber content, and that such mislabeling constitutes a fraud and a violation of the Lanham Act, 15 U.S.C. Although this exhibit is only eleven pages, Cascade has pointed to no particular page as presenting evidence in support of its claim. The “unfair or deceptive act or practice” must have the capacity to deceive a substantial portion of the public. Id., Ex. In 2011, Cascade began sending samples of milk fiber yarns, such as Ella Rae Milky Soft, Knitting Fever Baby Milk, Ella Rae Latte, and others distributed by KFI, to Langley for fiber analysis. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. She did nothing wrong," another added. With respect to the other tests, in light of Cascade's failure to identify and connect the results with any particular yarns, the Court cannot find in these test reports any evidence of mislabeling of any KFI yarn. Id., p. 4–5. 11, 16; Cascade Opposition, Dkt. All three yarns are labeled as containing 12% cashmere. # 748, p. 2. The samples included both Cashmerino yarns and other luxury yarns distributed by KFI, such as Louisa Harding Kashmir Aran, Noro Silk Garden, and others. See Order, Dkt. Henery v. Robinson, 67 Wash.App. You can find our range of patterns here. She is the wife of the retired owner and has had no involvement in the company for years. Cascade has misquoted the letter as to what was considered “very dangerous.” It was not “the absence of cashmere” as asserted, but rather the rumors circulating about that absence (which originated with Cascade). The result, according to V.V.G. As with the other evidence cited by Cascade, this letter does not in any way constitute evidence that KFI's yarns were mislabeled as to cashmere content. # 322, ¶ 41. Cascade also asserts that it has evidence of falsity of at least the Cashmerino yarns apart from the fiber tests, in the form of communications between KFI and the manufacturer. This laboratory examined the fibers by microscope and reported as to each that “there was no cashmere.” Id., ¶¶ 65–67; Id., Exhibit. According to the complaint, following this discovery of the two versions of Cashmerino, Mr. Elalouf entered into an agreement with defendant Designer Yarns, Ltd., a British company, to “substitute the 0% cashmere version of the product for the Cashmerino spun of 12% cashmere.” Id., ¶ 31. Dkt. Defendants contend that the most analogous state law for Lanham Act claims is common law fraud, citing Ranch Realty, Inc. v. DC Ranch Realty, LLC, 614 F.Supp.2d 983, 989 (D.Ariz.2007). Specifically, fiber experts we have contacted all state that, when one uses a projection microscope to examine Iranian or Mongolian Cashmere that is blended with extra fine merino wool—both of which have the same micron of approximately 18/19—there will be some fibers that can be identified as wool, some as cashmere and others that are “indeterminate.” This makes the report on which Cascade has irresponsibly relied even more suspect. stated. It should also be granted where there is a “complete failure of proof concerning an essential element of the non-moving party's case.” Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. SeeFed.R.Civ.P. 840, 841. "People are being called bullies, when all they're really trying to do is speak up about issues that affect them.

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