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Tag Archives: false advertising
American Merck and German Merck’s TM battle doesn’t involve covered “advertising injury”
EMD Millipore Corp. v. HDI-Gerling Am. Ins. Co., 2021 WL 66441, No. 20-cv-10244-ADB (D. Mass. Jan. 7, 2021) Is trademark infringement (or similar) “advertising injury” because a trademark is an advertising idea? I’ve always thought that’s the core of what … Continue reading
product changes as false advertising: TM may serve as express warranty of formulation & quality
Starr v. VSL Pharmaceuticals, Inc., No. TDC-19-2173, 2020 WL 7694480 (D. Md. Dec. 28, 2020) This putative class action is related to the longstanding trademark/false advertising litigation between the VSL parties and Claudio De Simone parties, and probably qualifies as … Continue reading
business can assert California consumer protection claims against platform
Gaby’s Bags, LLC v. Mercari, Inc., No. C 20-00734 WHA, 2020 WL 7664455 (N.D. Cal. Dec. 25, 2020) After the court dismissed plaintiff’s Lanham Act false advertising claims against a platform because the plaintiff was a customer and not a … Continue reading
Another pandemic education case: false advertising fails, contract claim survives
Bergeron v. Rochester Inst. of Technology, No. 20-CV-6283 (CJS), 2020 WL 7486682 (W.D.N.Y. Dec. 18, 2020) Different district, same result as this case involving Rensselaer Polytechnic. Contract/unjust enrichment claims survive based on allegations that RIT promised in-person learning, but conversion … Continue reading
reasonable consumer wouldn’t expect advertised in-person classes in pandemic (but contract claims survive)
Ford v. Rensselaer Polytechnic Institute, No. 20-CV-470, 2020 WL 7389155 (N.D.N.Y. Dec. 16, 2020) This is a putative class action against RPI for breach of contract, false advertising, and related claims based on the mid-semester pandemic shutdown of early 2020. … Continue reading
100% good news: 7th Cir. reverses “100% grated parmesan cheese” dismissal
Bell v. Publix Super Markets, Inc., 2020 WL 7137786, — F.3d –, Nos. 19-2581, 19-2741 (7th Cir. Dec. 7, 2020) Note: Then-Circuit Judge Barrett was a member of the panel when this case was submitted but did not participate in … Continue reading
intentional misleadingness obviates need for deception evidence
Aoki v. Gilbert, 2020 WL 6741693, No. 11-cv-02797-TLN-CKD (E.D. Cal. Nov. 17, 2020) The court explains: “Put most succinctly, at trial Plaintiffs contended Defendants infringed Dr. Aoki’s patents for his pulsed insulin diabetes treatment method; infringed Dr. Aoki’s copyrighted slides; … Continue reading
advertising injury insurance covers false advertising/patent case despite exclusions
In re Indian Harbor Ins. Co. v. SharkNinja Operating LLC, No. N20C-02-014 PRW CCLD (Del. Super. Ct. Nov. 19, 2020) Indian Harbor provided SharkNinja with personal and advertising injury insurance; it was sued for false advertising and patent infringement by … Continue reading
it’s not misleading to advertise the same thing with two names and two prices
Lokey v. CVS Pharmacy, Inc., 2020 WL 6822890, No. 20-cv-04782-LB (N.D. Cal. Nov. 20, 2020) Lokey alleged that CVS violated the FAL/UCL/CLRA by marketing its CVS-branded infant pain-and-fever medicine at a higher price (up to two and a half times … Continue reading
Power pack plausibly promises more than it delivers
Geske v. PNY Technol., Inc., No. 19-cv-05170, 2020 WL 7042887 (N.D. Ill. Nov. 30, 2020) A delightful example of Seventh Circuit style, clear but respectful of the parties’ arguments. Geske alleged that PNY’s portable power bank, whose package prominently declared … Continue reading