Tag Archives: false advertising

court holds Elon Musk couldn’t be deceived by statements he coauthored

Posted on May 26, 2025 by rtushnet

Musk v. OpenAI, Inc., 2025 WL 1482386, No. 4:24-CV-04722-YGR (N.D. Cal. May 1, 2025) I’m only discussing the false advertising claims; they are funny. Musk’s false advertising claim under California law fails because “there is no evidence Musk relied on … Continue reading →

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omission of FedEx’s role in embryo transport was potentially deceptive

Posted on May 22, 2025 by rtushnet

S.W. v. Cryoport, Inc., 2025 WL 1421909, No. 8:24-cv-02212-AH-(DFMx) (C.D. Cal. Apr. 24, 2025) Tragic facts in this consumer protection case. Plaintiffs underwent IVF treatments in 2019 to preserve their options, resulting in six cryopreserved healthy embryos. They contracted with … Continue reading →

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omissions-based deceptiveness claims are easier to bring in Cal. than NY

Posted on May 22, 2025 by rtushnet

Gamino v. Spin Master, Inc., No. ED CV 23-2242-DMG (SPx), 2025 WL 1421907 (C.D. Cal. Mar. 31, 2025) California and New York residents sued the manufacturers of certain children’s toys they purchased, “Orbeez water beads,” alleging the water beads pose … Continue reading →

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Court finds literal falsity where two supposedly distinct, rated reverse mortgage sellers are actually one

Posted on May 16, 2025 by rtushnet

Longbridge Financial, LLC v. Mutual of Omaha Mortgage, Inc., No. 24-cv-1730-DMS-VET, 2025 WL 1382866 (S.D. Cal. May 13, 2025) Mutual owns defendant Review Counsel and is the first and only advertising partner of defendant Advisory; those two have similar websites. … Continue reading →

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Lanham Act false advertising disgorgement is equitable; no jury trial required

Posted on May 12, 2025 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Wesley Financial Group, LLC, No. 3:20-CV-00251-DCLC-DCP, 2025 WL 1334625 (E.D. Tenn. May 7, 2025) Another timeshare case! Diamond alleged that defendants engaged in “a deceptive timeshare cancellation business” that induces Diamond’s timeshare owners … Continue reading →

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court applies issue preclusion to a jury verdict under a different state consumer protection law

Posted on May 6, 2025 by rtushnet

Dent v. Premier Nutrition Corp., 2025 WL 1282627, No. 16-cv-06721-RS (N.D. Cal. May 2, 2025) Here, the court applies issue preclusion against Premier, makers of Joint Juice, which lost a bellwether-type trial under NY law (a ruling affirmed in relevant … Continue reading →

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Burger King’s ads may have told a whopper about burger size

Posted on May 6, 2025 by rtushnet

Coleman v. Burger King Corp., 2025 WL 1294605, No. 22-cv-20925-ALTMAN/Reid (S.D. Fla. May 5, 2025) Nineteen plaintiffs brought claims under 13 states’ laws alleging that BK falsely advertised the size/amounts of ingredients in various burgers; the court denied BKC’s motion … Continue reading →

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failure to allege incremental materiality dooms false advertising counterclaims

Posted on April 29, 2025 by rtushnet

Intuit Inc. v. HRB Tax Group, Inc., 2025 WL 1168897, No. 5:24-cv-00253-BLF (N.D. Cal. Apr. 22, 2025) Counterclaim-plaintiff (Block) alleged that Intuit engaged in false advertising of its TurboTax services. TurboTax includes three tiers: (1) “Do-It-Yourself;” (2) “Live Assisted;” and … Continue reading →

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7th Circuit allows nationwide injunction under Illinois consumer protection law

Posted on April 28, 2025 by rtushnet

Republic Technol. (NA), LLC v. BBK Tobacco & Foods, LLP, — F.4th —-, 2025 WL 1201401, No. 23-2973, No. 23-3096 (7th Cir. 2025) Republic and BBK (aka HBI) compete in the market for organic hemp rolling papers for cigarettes. Republic … Continue reading →

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trademark infringement accusations are opinion without a final judgment

Posted on April 28, 2025 by rtushnet

Trevari Media, LLC v. Colasse, 758 F.Supp.3d 1175 (C.D. Cal. 2024) Colasse accused Trevari of infringing its trade dress in a “[s]pring-loaded glass-breaking device. Although the trade dress was registered in 2014, when Colasse emailed Trevari alleging infringement in 2021, … Continue reading →

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