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Author Archives: rtushnet
Failure to disclose effect of compensation on opinion isn’t actionable under Lanham Act (but maybe in NY)
Casper Sleep, Inc. v. Hales, No. 16-cv-03223, 2016 WL 6561386, — F.Supp.3d —- (S.D.N.Y. Oct. 20, 2016) Casper is a mattress e-retailer. (Discussion of a similar lawsuit it filed here.) Defendant Derek Hales is a specialist reviewer who runs http://www.sleepopolis.com, … Continue reading
Georgetown Law Launches New Institute for Technology Law and Policy
From our website: Building on its growing expertise in the field, Georgetown Law today announced the launch of the Georgetown Institute for Technology Law and Policy. The Institute will be led by Alexandra Reeve Givens, who most recently served as … Continue reading
Florida man held liable for false green coffee claims
FTC v. NPB Advertising, Inc., No. 14-cv-1155, 2016 WL 6493923 (M.D. Fla. Nov. 2, 2016) The FTC sued Nicholas Congleton and others under Section 5 of the FTC Act for engaging in false or deceptive advertising. Congleton received an email … Continue reading
230 provides protection against liability, not immediately appealable immunity from suit
General Steel Domestic Sales, L.L.C. v. Chumley, No. 15-1293 (10th Cir. Nov. 1, 2016) Defendants (Armstrong Steel) appealed from the district court’s denial of CDA §230 immunity for a number of General Steel’s false advertising claims. Armstrong ran an online … Continue reading
Reading List: The Ethics of Visual Legal Rhetoric
Michael D. Murray, The Ethics of Visual Legal Rhetoric, 13 Legal Comm. & Rhetoric: JALWD 107 (2016). Highly recommended! Abstract: This Article discusses the application of visual rhetorical techniques in legal writing and the ethical questions that are raised regarding … Continue reading
Disparaging an unauthorized reseller could violate the Lanham Act
Dentsply Int’l Inc. v. Dental Brands for Less LLC, No. 15 Civ. 8775, 2016 WL 6310777 (S.D.N.Y. Oct. 27, 2016) Dentsply sued Dental Brands over Dental Brands’ resale of Dentsply’s dental products without Dentsply’s authorization. Dental Brands buys Dentsply’s products … Continue reading
Study’s co-author disclaiming its use creates material issue on falsity
Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., 2016 WL 6275156, No. 13-12553 (D. Mass. Oct. 25, 2016) Previous opinion discussed here. The parties compete in the market for products used for bowel preparation before colonoscopies. Ferring alleged false advertising in … Continue reading
Direct, secondary liability under Lanham Act for statements targeted at foreign markets
Operation Technology, Inc. v. Cyme International T & D Inc., No. SACV 14-00999, 2016 WL 6246806 (C.D. Cal. Mar. 31, 2016) Plaintiff (ETAP) alleged that defendants (CYME, IPET-CO, and Amir Aslani) violated the Lanham Act via pseudononymous, disparaging remarks made … Continue reading
Republication of online articles was commercial speech and not protected by CDA
Western Sugar Coop. v. Archer-Daniels-Midland Co., 2015 WL 12683192, No. CV 11-3473 (C.D. Cal. Aug. 21, 2015) More belated blogging. The sugar industry and the corn refining industry accused each other of falsely advertising high-fructose corn syrup (HFCS). Plaintiffs were … Continue reading
