Tag Archives: false advertising

Malwarebytes: same result, new puzzles on remand for 230 immunity

Enigma Software Group USA, LLC v. Malwarebytes, Inc., — F.3d —-, 2019 WL 7373959, No. 17-17351 (9th Cir. Dec. 31, 2019) New opinion, same result; no rehearing en banc. Because the parties are competitors, §230 does not provide Malwarebytes with … Continue reading

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another timeshare exit company can be sued under state law, but not Lanham Act

Orange Lake Country Club, Inc. v. Reed Hein & Assoc., LLC, 2019 WL 7423517, No: 6:17-cv-1542-Orl-78DCI (M.D. Fla. Oct. 4, 2019) Another timeshare case, this one kicking out Lanham Act claims but not FDUTPA deceptive practices claims on proximate cause. … Continue reading

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“most experienced” is puffery, but misrepresenting degree of responsibility for projects could be false

Cypress Advisors, Inc. v. Davis, 2019 WL 7290948, No. 17-cv-01219-MSK-KLM (D. Colo. Aug. 28, 2019) Cypress provides financial advice to clients in the franchise restaurant industry. Defendant Kent Davis used to work there, but he left and started a competing … Continue reading

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“diet” isn’t misleading for soda even if surveys say it is

Becerra v. Dr Pepper/Seven Up, Inc., 2019 WL 7287554, No. 18-16721 (9th Cir. Dec. 30, 2019) Becerra alleged that Dr Pepper violated the usual California consumer-fraud laws by branding Diet Dr Pepper using the word “diet.” She cited dictionary definitions … Continue reading

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Competitor’s Google review accusing P of “scam” was nondefamatory opinion

Creditors Relief LLC v. United Debt Settlement LLC, 2019 WL 7288978, No. 17-7474 (D.N.J. Dec. 30, 2019) Plaintiff CR is a New Jersey-based debt settlement company that has allegedly “received significant publicity and an A+ rating from the Better Business … Continue reading

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e-cigarette sellers must substantiate greater population-level safety to make “safer” claims

Nicopure Labs, LLC v. Food & Drug Admin., No. 17-5196 (D.C. Cir. Dec. 10, 2019) In the Tobacco Control Act, Congress gave the FDA additional authority to regulate tobacco because previous measures “failed adequately to curb tobacco use by adolescents.” … Continue reading

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you can’t plead false advertising to get around Dastar

Focal Point Films, LLC v. Sandhu, 2019 WL 7020209, No. 19-cv-02898-JCS (N.D. Cal. Dec. 20, 2019) (magistrate, by consent) Focal Point/Gibel sought a declaratory judgment that Gibel was the sole author of a documentary film called Sign My Name to … Continue reading

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