Category Archives: Uncategorized

Elsevier’s “peer review” claims are commercial advertising, but not shown false or connected to P’s harm

Posted on October 27, 2026 by rtushnet

Global Plasma Solutions, Inc. v. Elsevier LTD, 2026 WL 3168613, No. 3:22-CV-00034-KDB-WCM (W.D.N.C. Oct. 22, 2026) Wow, a case where Elsevier is entirely in the right. GPS alleged that its air purifier business was greatly harmed by a defamatory article … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Quince quashes consumer suit; reasonable consumers must scroll a bit to understand comparison to “traditional retail”

Posted on October 26, 2026 by rtushnet

In re Last Brand, Inc. d/b/a Quince Pricing Litig., 2026 WL 3151517, No. 25-cv-09780-EMC (N.D. Cal. Oct. 21, 2026) Putative class plaintiffs sued Quince under the consumer protection laws of nine states (California, Connecticut, Florida, Illinois, Massachusetts, New Jersey, New … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Google gets 230 protection for fraudulent apps in Google Play

Posted on October 26, 2026 by rtushnet

Hemry v. Google, LLC, 2026 WL 2909299, No. 26-cv-01611-PCP (N.D. Cal. Sept. 28, 2026) Hemry downloaded a fraudulent investment app, Watsans, from the Google Play Store, Google’s main avenue for Android operating system smartphone users to download third-party applications. He … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court refuses to recognize Lanham Act false advertising contributory liability

Posted on October 26, 2026 by rtushnet

CarShield, LLC v. Pelican Investment Holdings, LLC, 2026 WL 2920868, No. 4:25-cv-01566-MAL (E.D. Mo. Sept. 29, 2026) The parties compete in the market for car extended warranties. CarShield alleged that most car extended warranties involve multiple actors, from the seller … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Kalshi’s gambling services aren’t so clearly illegal as to make its offerings false advertising

Posted on October 26, 2026 by rtushnet

Ho-Chunk Nation v. Kalshi Inc., 2026 WL 2676018, No. 25-cv-698-wmc (W.D. Wisc. Sept. 11, 2026) [Discussing only false advertising aspects; other aspects of this case, which are about tribal power to regulate Kalshi and its ilk, are more important, but … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

court finds “dupe” label probative of intent to confuse and likely confusion

Posted on October 19, 2026 by rtushnet

Sol De Janeiro USA, INC. v. MCoBeauty Pty Ltd, 2026 WL 2937438, No. 24-cv-8862 (ER) (S.D.N.Y. Sept. 30, 2026) Sol sued MCo, its competitor in the market for cosmetics, for false advertising, trade dress infringement, and unfair competition by copying … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

materiality divides false advertising and TM once again even with explicit falsity about official partnership

Posted on October 19, 2026 by rtushnet

Chicago Cubs Baseball Club, LLC v. Dunican, No. 24-cv-05086, 2026 WL 2937177 (N.D. Ill. Sept. 30, 2026) The Cubs play at Wrigley Field, a historic open-air ballpark. They sell tickets and incur significant expenses to operate Wrigley Field. Defendant Wrigley … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Google’s alleged misrepresentations about sophisticated ad tech weren’t “consumer-oriented” under NY GBL

Posted on October 14, 2026 by rtushnet

In Re Google Digital Advertising Antitrust Litig., Nos. 21-md-3010 (PKC), 21-cv-3446 (PKC), 23-cv-5177 (PKC), 21-cv-7034 (PKC), 23-cv-1530 (PKC), 2026 WL 2942363 (S.D.N.Y. Sept. 30, 2026) As the caption indicates, this is mostly an antitrust case, which means it’s amazing that … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

consumer suit against kratom seller proceeds on failure to disclose theory

Posted on October 14, 2026 by rtushnet

Cheswick v. Mitra-9 Brands, LLC, 2026 WL 2949413, No. 1:25-CV-6795-LTS (S.D.N.Y. Sept. 30, 2026) The court allowed NY consumer protection claims against a kratom seller to proceed. Kratom is “a plant-derived substance that affects the human body in a manner … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Court sours on WSI’s claims against Quince

Posted on October 14, 2026 by rtushnet

Williams-Sonoma, Inc. v. Last Brand, Inc., 2026 WL 2970363, No. 5:25-cv-10118-EJD (N.D. Cal. Sept. 30, 2026) Williams-Sonoma (WSI), which also owns Pottery Barn, West Elm, and Rejuvenation, sued Last Brand, commonly known as Quince, for state and federal false advertising. … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment