Category Archives: Uncategorized

tortious interference claim from false advertising survives, but why bother?

Posted on September 10, 2021 by rtushnet

Logistick, Inc. v. AB Airbags, Inc., — F.Supp.3d —-, 2021 WL 2433944, No. 3:21-cv-00151-BEN-MDD (S.D. Cal. Jun. 15, 2021) Logistick sells disposable load bars which are used to secure cargo freight during transport. AB allegedly began advertising for a similar … Continue reading →

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expert admissibility, literal falsity receive close review in drug disposal case

Posted on September 10, 2021 by rtushnet

In re C2R Global Manufacturing, Inc., No. 18-30182-beh, 2021 WL 1347193 (E.D. Wis. Bkrcy. Mar. 30, 2021) Previous denial of injunctive relief. There are a number of opinions in this case—the judge spent time on this rather unusual false advertising … Continue reading →

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slack fill and “healthy” claims unite in one case

Posted on September 10, 2021 by rtushnet

Stewart v. Kodiak Cakes, LLC, 2021 WL 1698695, No. 19-cv-2454-MMA (MSB) (S.D. Cal. Apr. 29, 2021) Plaintiffs alleged that Kodiak was liable for “(1) non-functional slack fill and (2) deceptive marketing practices” for its pancake and waffle mixes. Defendant misleadingly … Continue reading →

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getting friends to leave fake reviews isn’t enough for direct liability

Posted on September 10, 2021 by rtushnet

BHRS Gp., LLC v. Brio Water Technol. Inc., 2020 WL 9422352, No. 2:20-CV-07652-JWH-JCx (C.D. Cal. Dec. 14, 2020) BHRS, which makes water cooler products, sued its competitor Brio for state and federal false advertising and trade libel.  BHRS alleged that … Continue reading →

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IIC decision also says some things about false advertising: materiality may not be presumed from literal falsity

Posted on September 9, 2021 by rtushnet

Select Comfort Corp. v. Baxter; 996 F.3d 925 (8th Cir. 2021) You probably know that the court of appeals sent this case back for retrial on an initial interest confusion theory. I won’t say much about that, though I do … Continue reading →

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Journalism about investment isn’t commercial speech

Posted on September 9, 2021 by rtushnet

Crash Proof Retirement, LLC v. Price, 2021 WL 1387501, No. 2:20-cv-05906-JDW (E.D. Pa. Apr. 13, 2021) Competing in the marketplace of ideas can ground a defamation claim, but not a false advertising claim. Crash Proof, which offers retirement planning counseling, … Continue reading →

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Microsoft dodges some false advertising claims based on its security offerings

Posted on September 9, 2021 by rtushnet

Tocmail Inc. v. Microsoft Corp., 2020 WL 9210739, No. 20-60416-CIV-SMITH (S.D. Fla. Nov. 6, 2020) From the deepest depths of backlog: Tocmail alleged that Microsoft’s deceptive promotions of its cyber-security service, Safe Links, constituted false advertising and contributory false advertising. … Continue reading →

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competitor has state, federal standing to challenge nondisparaging false ads

Posted on September 9, 2021 by rtushnet

Jerome’s Furniture Warehouse v. Ashley Furniture Industries, Inc., 2021 WL 1541649, No. 20CV1765-GPC(BGS) (S.D. Cal. Apr. 20, 2021) Jerome’s alleged false advertising under state and federal law based on Ashley’s alleged false advertising  “intended to deceive customers into falsely believing … Continue reading →

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Apple’s “buy” button that doesn’t result in ownership may mislead consumers

Posted on September 8, 2021 by rtushnet

Andino v. Apple, Inc., 2021 WL 1549667, No. 2:20-cv-01628-JAM-AC (E.D. Cal. Apr. 20, 2021) iTunes allows consumers to “Rent” or “Buy” movies, television shows, music and other content. Renting is less expensive; buying leads the content to appear in a … Continue reading →

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Coffee lawsuits brewing

Posted on September 8, 2021 by rtushnet

Two cases, suggesting a newly discovered litigation vein. Ashton v. J.M. Smucker Co., No. EDCV 20-992 JGB (SHKx), 2020 WL 8575140 (C.D. Cal. Dec. 16, 2020) Plaintiffs alleged that representations on the front of Folgers ground coffee cans, including “MAKES … Continue reading →

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