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- robust TX anti-SLAPP law protects critic despite arguments that she was partly competing
- lack of irreparable harm dooms injunction against false advertising of drug disposal product
- omitting “all” or “every” can avoid literal falsity of general claim
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- another G v. O preview, shorter
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Tag Archives: false advertising
robust TX anti-SLAPP law protects critic despite arguments that she was partly competing
ADB Interest, LLC v. Wallace, 606 S.W.3d 413 (Tex. Ct. App. 2020) This is an anti-SLAPP case about statements by a disgruntled customer/alleged competitor. Black, the managing member of ADB, invented the FasciaBlaster, which is marketed by ADB. The user … Continue reading
low-quality lead generation leads to deceptive marketing claims
In re HomeAdvisor, Inc. Litig., No. 16-cv-01849-PAB-KLM, 2020 WL 5798515 (D. Colo. Sept. 29, 2020) HomeAdvisor “is an online marketplace that helps connect persons providing home improvement services, i.e., home service professionals (‘HSPs’), with homeowners in need of such services.” … Continue reading
Georgia Supreme Court revives some false advertising claims against sperm bank
Norman v. Xytex Corp., — S.E.2d —-, 2020 WL 5752325, S19G1486 (Ga. Sept. 28, 2020) Reversing the court of appeals, the Georgia Supreme Court allows plaintiffs to bring false advertising claims against a sperm bank that supplied allegedly falsely advertised … Continue reading
inability to rely on claims provides standing to seek injunctive relief in 9th Circuit
Milan v. Clif Bar & Co., 2020 WL 5760450, No. 18-cv-02354-JD (N.D. Cal. Sept. 28, 2020) Plaintiffs brought the usual California claims against the “health and wellness message[s]” on defendant Clif Bar & Company’s “Kid Zbars” and “ ‘Classic’ Clif … Continue reading
impersonating company to solicit intimate images for private use isn’t TM infringement/false advertising
AdoreMe, Inc. v. Watson, 2020 WL 5769083, No. CV 19-8830 FMO (AGRx) (C.D. Cal. Jul. 14, 2020) A fundamentally commercial cause of action can be a bad tool to address even bad noncommercial behavior. AdoreMe sued Watson for trademark infringement … Continue reading
restitution unavailable in fed ct when damages are adequate, no matter what Cal state cts say
Sonner v. Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020) In this amended opinion (original summarized here), the court elaborates on its reasoning that Sonner couldn’t abandon her damages claim on the eve of trial in this false advertising … Continue reading
Second Circuit affirms flushable wipes damages class certification, disallows injunctive class
Kurtz v. Costco Wholesale Corporation, 818 Fed.Appx. 57, Nos. 17-1856-cv, 17-1858-cv (2d Cir. Jun. 26, 2020) This is a “flushable” wipes consumer protection class action. The district court previously certified damages and injunctive relief classes. On appeal, the Second Circuit … Continue reading
“Keratin Caring” doesn’t convey keratin content to reasonable consumers
Devane v. L’Oréal USA, Inc., 2020 WL 5518484, 19 Civ. 4362 (GBD) (S.D.N.Y. Sept. 14, 2020) Devane sued for breach of express warranty, breach of implied warranty, fraud, and violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), … Continue reading
closing SeaWorld during pandemic didn’t make “unlimited” entry passes deceptive
Kouball v. SeaWorld Parks & Entertainment, Inc., 2020 WL 5408918, No.: 20-cv-870-CAB-BGS (S.D. Cal. Sept. 9, 2020) Kouball failed to state a claim under the usual California statutes and common law causes of action by alleging that SeaWorld deceptively failed … Continue reading
sunglasses reseller liable for (c) infringement, maybe TM/false advertising/tortious interference
Maui Jim, Inc. v. SmartBuy Guru Enters., No. 1:16 CV 9788, — F.Supp.3d —-, 2020 WL 4435320 (N.D. Ill. Feb. 24, 2020) Maui Jim alleged that the defendants sold non-genuine Maui-Jim-branded sunglasses while using its copyrighted photographs to falsely advertise … Continue reading
