Tag Archives: false advertising

Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery

Posted on January 8, 2026 by rtushnet

Roadget Business PTE. Ltd. v. PDD Holdings Inc., 2026 WL 44864, No. 24-2402 (TJK) (D.D.C. Jan. 7, 2026) Plaintiff, aka Shein, sells low-priced fashion and lifestyle products through a website and mobile application. Defendant runs a competing, discount-driven online platform—Temu. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

false advertising’s injury requirement causes reverse passing off claim to fail

Posted on January 7, 2026 by rtushnet

Kesters Merchandising Display International, Inc. v. SurfaceQuest, Inc., — F.4th —-, 2026 WL 35198, No. 24-3112 (10th Cir. Jan. 6, 2026) SurfaceQuest allegedly marketed its products with photographs of its competitor Kesters’ competing product. Kesters sells “a lightweight, seamless material … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

laches, once established, bars Lanham Act claims even during more recent periods

Posted on January 7, 2026 by rtushnet

Design Gaps, Inc. v. Distinctive Design & Construction LLC, — F.4th —-, 2025 WL 3492373, No. 24-1860 (Dec. 5, 2025) Super complicated facts; I’ll try to focus on the Lanham Act laches part because of that. “[A]fter a squabble developed … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

what particularity is required when an ad campaign has zillions of possibly algorithmic variants?

Posted on January 7, 2026 by rtushnet

Ledesma v. Hismile, Inc., — F.Supp.3d —-, 2025 WL 3785960, No. 24-cv-03626-KAW (N.D. Cal. Sept. 23, 2025) Blogging because it’s one of the first cases I’ve seen that has to address questions raised by algorithmically modified ads that are different … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

literal falsity can exist without bald-faced lies, 9th Circuit confirms

Posted on December 30, 2025 by rtushnet

InSinkErator, LLC v. Joneca Co., No. 25-286 (9th Cir. Dec. 29, 2025) The court of appeals affirms the grant of a preliminary injunction, previously discussed, against Joneca’s advertising of its garbage disposals. InSinkErator argued that Joneca’s horsepower designations were literally … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

no abuse of discretion in PI requiring advertiser to terminate liens that it told homeowners weren’t liens

Posted on December 24, 2025 by rtushnet

People v. MV Realty PBC, LLC, 2025 WL 3719896, B341121 (Cal. Ct. App. Dec. 23, 2025) Blogging more in my property law prof hat, but with false advertising. MV Realty recorded liens on its customers’ properties, but assured homeowners that … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“monk fruit sweetener” plausibly should have more than 1.15% monkfruit

Posted on December 22, 2025 by rtushnet

Grimbaldeston v. Saraya USA, Inc., 2025 WL 3677857, No. 25-cv-05649-RFL (N.D. Cal. Dec. 17, 2025) Grimbaldeston brought the usual California claims based on allegations that Saraya deceptively overstated the amount of monk fruit in its sugar substitute. The court mostly … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

license agreement termination might be invalid transfer in gross without a new partner for licensor

Posted on December 17, 2025 by rtushnet

Form Portfolios LLC v. Food52, Inc., 2025 WL 3638165, No. 24-cv-07690 (NCM) (CLP) (E.D.N.Y. Dec. 16, 2025) Form designs consumer products, partnering with other companies that license those designs. Food52 sells cookware and other homegoods under the brand Dansk. This … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

reasonable consumers read promotion terms on a gambling app, court rules

Posted on December 15, 2025 by rtushnet

De Leon v. DraftKings, Inc., 2025 WL 3551627, No. 25cv644 (DLC) (S.D.N.Y. Dec. 11, 2025) The court rejects false advertising claims against gambling site DraftKings. “Three of the plaintiffs became addicted to online gambling and have suffered both financial and … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Third Circuit affirms disgorgement award in “Made in the USA” case

Posted on December 11, 2025 by rtushnet

Newborn Bros. Co. v. Albion Engineering Co., No. 24-1548, No. 24-3046, 2025 WL 3540060 (3d Cir. Dec. 10, 2025) Along with his rally-going, Judge Bove did participate in this nonprecedential affirmance of various rulings, including disgorgement, in this false advertising … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment