Category Archives: Uncategorized

thorough opinion allows CT’s greenwashing claims against Exxon to proceed

Posted on December 5, 2025 by rtushnet

State v. Exxon Mobil Corp., 2025 WL 3459468, No. HHDCV206132568S (Conn. Super. Ct. Nov. 26, 2025) The court allows greenwashing claims against Exxon to proceed under the Connecticut Unfair Trade Practices Act (CUTPA). The state alleged a decades-long “systematic campaign … Continue reading →

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wrongfully claiming Amazon ASIN might be false advertising, even with foreign TM rights

Posted on December 5, 2025 by rtushnet

Best Glide Aviation Survival Equipment, Inc. v. Tag-Z, LLC, No. 1-23-cv-1080-DAE, 2025 WL 3454210 (W.D. Tex. Aug. 20, 2025) This case involves an alleged abuse of Amazon’s system to keep out legitimate competitors. Amazon is so big it can help … Continue reading →

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“abortion pill reversal” proponents engaged in noncommercial speech, 2d Circuit agrees for PI purposes

Posted on December 5, 2025 by rtushnet

National Institute of Family and Life Advocates v. James, — F.4th —-, 2025 WL 3439256, No. 24-2481-cv (2d Cir. Dec. 1, 2025) Unlike the similar California proceeding, the district court in NY granted a preliminary injunction against enforcement of consumer … Continue reading →

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“ambiguity” in consumer protection cases is something different from “ambiguity” in Lanham Act cases: the case of “Naturally Derived”

Posted on December 1, 2025 by rtushnet

Kent v. Conopco, Inc., 2025 WL 3296002, No. 25-cv-03660-JCS (N.D. Cal. Nov. 26, 2025) The court allows a claim against “Naturally Derived” personal care products to proceed. “There is no asterisk on the front label linking the claim to a … Continue reading →

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“unfair competition” CGL insurance exclusion applies only to competitor claims, not consumer claims

Posted on December 1, 2025 by rtushnet

Athena Cosmetics, Inc. v. Great American E&S Ins. Co.,  2025 WL 3304392, No. 2:24-cv-08010-AH-AGRx (C.D. Cal. Nov. 24, 2025) Three underlying putative class actions targeted Athena’s sale of “lash enhancement serums from Athena that contained compounds found in prescription drugs … Continue reading →

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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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