Monthly Archives: November 2025

court of appeals refuses to create right of publicity for houses, over dissent

Posted on November 26, 2025 by rtushnet

Dihno v. Netflix, Inc., 2025 WL 3280834, B335652 (Cal. Ct. App. Nov. 25, 2025) Over a partial dissent, the court of appeals affirms the rejection of various claims, including CLRA and FAL claims, against Netflix based on its use of … Continue reading →

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once again, injury requirement defeats a false advertising claimant

Posted on November 26, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 3268799, 24cv1646(DLC) (S.D.N.Y. Nov. 21, 2025) Previously. Here, Skillz successfully kicks out Papaya’s false advertising counterclaims for lack of injury, showing once again that the statutory presumption of irreparable injury is … Continue reading →

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Pop, six, squish: do both popsicle advertisers have it coming?

Posted on November 17, 2025 by rtushnet

Here, false advertising claims generate false advertising counterclaims, serving as a reminder that the advertiser who goes to court needs to have its own house in order. Austin’s Natural Frozen Pops, Inc. v. Jonny Pops, LLC, 2025 WL 3182084, No. … Continue reading →

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Chicken feed virus protection claim triggers lawsuit

Posted on November 17, 2025 by rtushnet

 Kalmbach Feeds, Inc. v. Purina Animal Nutrition, LLC, 2025 WL 3153412, No. 2:25-cv-00617 (S.D. Ohio Nov. 12, 2025) One reason I love advertising law is that, eventually, everything lands in it, and I learn about new-to-me corners of the world. … Continue reading →

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Landing page that misdirected searchers away from real senior living community was plausibly false advertising

Posted on November 17, 2025 by rtushnet

Cedar Communities at Commerce, LLC v. Caring, LLC, 2025 WL 3187288, No. 1:25-CV-00922-JPB (N.D. Ga. Nov. 14, 2025) Caring operates a web-based senior living placement and referral service, touting “the longest-running, highest-integrity senior living review program on the web, all … Continue reading →

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Fiskars can’t cut down $1.4 million disgorgement award

Posted on November 10, 2025 by rtushnet

Fiskars Finland OY AB v. Woodland Tools Inc., 2025 WL 3124111, No. 22-cv-540-jdp (W.D. Wisc. Nov. 7, 2025) Previously in this false advertising case the court sent to a jury part of Woodland’s claim against Fiskars for false advertising, based … Continue reading →

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Star Wars mod wars: claims over a touted but unreleased mod have to go to trial

Posted on November 5, 2025 by rtushnet

Mickelonis v. Aspyr Media, No. 8:23-cv-01220-MWC-ADS, 2025 WL 3050071 (C.D. Cal. Oct. 2, 2025) Interesting video game related dispute: Aspyr develops video games, including by recreating and re-releasing historic games on modern platforms like Steam and Nintendo Switch. Aspyr has … Continue reading →

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Reading list: consumer protection and the industries who regularly sue their regulators

Posted on November 5, 2025 by rtushnet

Nicholas R. Parrillo, Administrative Law as a Choice of Business Strategy: Comparing the Industries Who Have Routinely Sued Their Regulators with the Industries Who Rarely Have George Washington Law Review, Vol. 93, No. 5, pp. 1031-1195 (2025)  Abstract: For some … Continue reading →

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