Tag Archives: false advertising

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 →

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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 →

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No. 24-3046, 2025 WL 3540060 (3d Cir. Dec. 10, 2025) Along with his rally-going, Judge Bove did participate in this nonprecedential affirmance of various rulings, including disgorgement, in this false advertising … Continue reading →

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despite rejecting Lanham Act PI, court enjoins D from making negative statements about P in public if prospective customers might see

Posted on December 11, 2025 by rtushnet

Red Sense LLC v. Bohuslavskiy, 2025 WL 3539968, No. 25cv12281 (EP) (AME) (D.N.J. Dec. 10, 2025) This case illustrates that tortious interference has a small remaining scope—where there’s no “commercial advertising or promotion” because of the failure to solicit a … Continue reading →

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9th Circuit chips away at consumer protection again

Posted on December 11, 2025 by rtushnet

Hussain v. Campbell Soup Co., No. 24-6041 (9th Cir. Dec. 10, 2025) Nonprecedential despite a dissent. The majority affirms dismissal of claims in a putative class action suit alleging that Kettle Brand “Air Fried” chips are deceptively labeled as solely … Continue reading →

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sitting by designation, Judge Bibas says there’s no de minimis exception to Lanham Act false advertising

Posted on December 9, 2025 by rtushnet

Montway LLC v. Navi Transport Services LLC, — F.Supp.3d —-, 2025 WL 3151403, No. 25-cv-00381-SB (D. Del. Nov. 11, 2025) Judge Bibas either likes sitting by designation or is willing to take one for the team; here’s another of his … Continue reading →

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paying a late-disclosed “drip pricing” fee suffices as injury under Cal’s new law

Posted on December 8, 2025 by rtushnet

Chowning v. Tyler Tech., Inc., 2025 WL 3496690, No. 4:25-CV-04009-YGR (N.D. Cal. Dec. 5, 2025) One of the first “drip pricing” cases I’ve seen under California’s new law, which the court reads to enable certain claims over and above previous … Continue reading →

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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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