Category Archives: commercial speech

state can regulate health referral provider’s speech about potential benefits

Posted on March 11, 2014 by rtushnet

1-800-411-Pain Referral Service, LLC v. Otto, 2014 WL 904190, No. 13-1167, — F.3d —- (8th Cir. Mar. 10, 2014) My discussion of the opinion below.  411-Pain advertises extensively and connects callers to health care providers or attorneys in their areas.  … Continue reading →

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Image advertising is commercial speech

Posted on February 20, 2014 by rtushnet

Jordan v. Jewel Food Stores, Inc. — F.3d —-, 2014 WL 627603 (7th Cir. Feb. 19) When a commemorative magazine issue celebrating Michael Jordan’s career carries ads referencing that career, how should right of publicity and Lanham Act claims, and … Continue reading →

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Insurer’s Lanham Act claim against broker proceeds through necessary implication theory

Posted on February 3, 2014 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., No. 12–05610, 2014 WL 317179 (D.N.J. Jan. 28, 2014) Plaintiff NJ PURE sued defendants for false advertising under the Lanham Act, libel, slander, and violations of the NJ Insurance … Continue reading →

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First Amendment bars Lanham Act claim against university article repository

Posted on October 28, 2013 by rtushnet

Pellegrini v. Northeastern University, No. 12–cv–40141, 2013 WL 5607019 (D. Mass. Aug. 23, 2013) (magistrate judge) The magistrate began by characterizing this case as a high-stakes dispute involving “the First Amendment rights of a university and one of its faculty … Continue reading →

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law barring "surcharge for credit" signs unconstitutional

Posted on October 17, 2013 by rtushnet

Expressions Hair Design v. Schneiderman, 13 Civ. 3775, 2013 WL 5477607 (S.D.N.Y. Oct. 3, 2013) Under NY GBL § 518, a vendor who wants to impose a surcharge for using a credit card to compensate for the credit card companies’ … Continue reading →

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