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Recent Posts
- turnabout is fair play: undisclosed sponsorship of “objective” report could be misleading; overstatement of court holding could be defamatory
- another case says Google’s “free speech” statements are puffery
- Sam’s Club exposed to disgorgement for potential warranty differences in grey goods it sold
- burden is on Ds to show unprotectability of what they copied
- court rejects HomeAdvisor’s First Amendment defense of its misleading ads
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Tag Archives: false advertising
turnabout is fair play: undisclosed sponsorship of “objective” report could be misleading; overstatement of court holding could be defamatory
Pegasystems, Inc. v. Appian Corp., 2020 WL 2616280, No. 19-11461-PBS (D. Mass. May 22, 2020) Pegasystems sued Appian for allegedly falsely touting a paid for report as independent; now the court deals with Appian’s counterclaims for false advertising under the … Continue reading
another case says Google’s “free speech” statements are puffery
Ugh, Google’s new Blogger interface is terrible–will I be forced to decamp to WordPress? Anyway: Lewis v. Google LLC, — F. Supp. 3d —-, No. 20-cv-00085-SK, 2020 WL 2745253 (N.D. Cal. May 20, 2020) Plaintiff, an antifeminist, is sad that … Continue reading
burden is on Ds to show unprotectability of what they copied
Compulife Software Inc. v. Newman, 2020 WL 2549505, No. 18-12004, No. 18-12007 (11th Cir. May 20, 2020) The opinion sums up: The very short story: Compulife Software, Inc., which has developed and markets a computerized mechanism for calculating, organizing, and … Continue reading
court rejects HomeAdvisor’s First Amendment defense of its misleading ads
People ex rel. Gascon v. HomeAdvisor, Inc., A154960, 2020 WL 2486970 (Cal. Ct. App. May 14, 2020) HomeAdvisor appealed an injunction barring it from broadcasting certain ads (except with a disclaimer, for a limited time). HomeAdvisor argued that the order … Continue reading
“100% Natural” might be deceptive as applied to food w/bioengineered ingredients
Lee v. Conagra Brands, Inc., No. 17-2131 (1st Cir. May 7, 2020) Lee alleged that Wesson’s supposedly “100% Natural” vegetable oil contained GMOs, which she regarded as “quite unnatural,” in violation of Mass. Gen. Laws ch. 93A. She also alleged … Continue reading
Forthcoming article: Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising
Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising, Iowa Law Review, Forthcoming Abstract: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. Contradiction … Continue reading
Reasonable restaurant consumers wouldn’t think “krab mix” had real crab in it
Kang v. P.F. Chang’s China Bistro, Inc., No. CV 19-02252 PA (SPx), 2020 WL 2027596 (C.D. Cal. Jan. 9, 2020) Kang alleged that P.F. Chang’s “employed a classic bait and switch tactic whereby it falsely labeled and advertised food products … Continue reading
