Monthly Archives: August 2018

tell me no lyes: hair relaxer claims continue

Posted on August 8, 2018 by rtushnet

In re Amla Litigation, — F.Supp.3d —-, 2018 WL 3629226, No. 16-cv-6593 (S.D.N.Y. Jul. 31, 2018) Plaintiffs brought fifteen claims, including false advertising, against L’Oreal based on alleged defects in the Amla Legend Rejuvenating Ritual Relaxer, which is used to … Continue reading →

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claim that bulb lasts “up to” 25 times longer isn’t puffery

Posted on August 8, 2018 by rtushnet

Young v. Cree, Inc., 2018 WL 3659305, No. 17-cv-06252-YGR (N.D. Cal. Aug. 2, 2018) Young alleged that Cree engaged in an “unfair and deceptive practice of … promising consumers” that Cree’s light-emitting-diode bulbs “will last for particularly long periods of … Continue reading →

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ad for a “true story” states an opinion, not a fact, when applied to an expressive work

Posted on August 7, 2018 by rtushnet

Incarcerated Entertainment, LLC v. CNBC LLC, No. 18-480, 2018 WL 3677918 (D. Del. Aug., 2, 2018) Ads for TV shows aren’t immune from false advertising law.  However, “[s]ummarizing an argument or opinion offered within the show is different than a … Continue reading →

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ad for a “true story” states an opinion, not a fact, when applied to an expressive work

Posted on August 7, 2018 by rtushnet

Incarcerated Entertainment, LLC v. CNBC LLC, No. 18-480, 2018 WL 3677918 (D. Del. Aug., 2, 2018) Ads for TV shows aren’t immune from false advertising law.  However, “[s]ummarizing an argument or opinion offered within the show is different than a … Continue reading →

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“designed for increased safety” and similar statements aren’t puffery on a motion to dismiss

Posted on August 7, 2018 by rtushnet

Universal Electric Corp. v. Baldwin, No. 17-cv-00842, 2018 WL 3707423 (W.D. Pa. Aug. 3, 2018) UEC “designs and manufactures products for the electrical power distribution industry” and “services the data center, retail, health care, higher education, and industrial markets across … Continue reading →

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Lanham Act covers ads that drug is FDA-approved/has ANDA

Posted on August 7, 2018 by rtushnet

Arbor Pharmaceuticals, LLC v. ANI Pharmaceuticals, Inc., 2018 WL 3677923, No. 17-4910 (D. Minn. Aug. 2, 2018) Arbor sells prescription erythromycin ethylsuccinate for oral suspension, allegedly the only FDA-approved products of their kind on the market. ANI announced the launch … Continue reading →

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Keyword ad buys are fine for less expensive products too, court confirms

Posted on August 7, 2018 by rtushnet

Lasoff v. Amazon.com, Inc., 2018 WL 3720029, — Fed.Appx. —-, 2018 WL 3720029, No. 17-35173 (9th Cir. Aug. 6, 2018) Lasoff sued Amazon and appealed the grant of summary judgment on his trademark infringement and false advertising claims.  He argued … Continue reading →

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