Author Archives: rtushnet

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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claims about game provider’s bot use in “fair” and “skill-based” games must go to trial

Posted on October 30, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 3012836, 24cv1646(DLC) (S.D.N.Y. Oct. 27, 2025) Most recent previous opinion discussed here. Skillz sued its competitor in the “real-money skill-based mobile gaming” market for violating the Lanham Act and NY GBL … Continue reading →

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bad Lanham Act claim, swept up with bad patent claim, triggers Rule 11 sanctions

Posted on October 30, 2025 by rtushnet

Raydiant Oximetry, Inc. v. ALC Medical Holdings LLC, — F.Supp.3d —-, 2025 WL 3022882, No. 25-cv-00392-VC (N.D. Cal. Oct. 29, 2025) Baseless patent and false advertising claims produce a big Rule 11 award. The patent stuff is eye-popping, and it’s … Continue reading →

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allegedly false claims for compounded weight loss drugs didn’t plausibly threaten Eli Lilly’s reputation

Posted on October 28, 2025 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2025 WL 2998166, No. 25-cv-03534-JSC (N.D. Cal. Oct. 24, 2025) Another of the cases in which Eli Lilly’s attempts to protect its GLP-antagonist market do surprisingly badly, once again highlighting the higher … Continue reading →

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Coinbase can’t force claim for injunctive relief into arbitration

Posted on October 24, 2025 by rtushnet

Khan v. Coinbase, Inc., 2025 WL 2985378, No. A172063, — Cal.Rptr.3d —-, (Ct. App. Oct. 23, 2025) The appellate court affirmed the denial of Coinbase’s attempt to send Khan’s false advertising claims to arbitration, holding that Khan sought public injunctive … Continue reading →

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“GMO-free” avocado oil isn’t deceptive even if all avocado oil is GMO-free

Posted on October 22, 2025 by rtushnet

Whiteside v. Chosen Foods, LLC, — F.Supp.3d —-, 2025 WL 2460192, No. 3:25-cv-00481-CAB-DDL (S.D. Cal. Aug. 26, 2025) xkcd, “Free” XKCD may hate it, but the law will allow it. Plaintiff alleged that defendants misleadingly advertised their avocado oil by … Continue reading →

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