Tag Archives: false advertising

First Circuit lifts injunction requiring D’s use of (R) for P’s mark

Posted on July 21, 2015 by rtushnet

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., — F.3d —-, 2015 WL 4366624, No. 14–23241 (1st Cir. July 16, 2015) (Souter, J., sitting by designation)   The district court granted a preliminary injunction based on a contractual violation, but … Continue reading →

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What claims work when D allegedly drives P down in Google rank through copying?

Posted on July 17, 2015 by rtushnet

Ryoo Dental, Inc. v. Han, 2015 WL 4208580, No. 15–308 (C.D. Cal. Jul. 9, 2015)   Ryoo Dental, a dental practice, had a website to promote its services, and allegedly spent considerable sums on “search engine optimization fees, photographing, editing, … Continue reading →

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CD Cal rejects In re GNC for all the right reasons

Posted on July 16, 2015 by rtushnet

Zakaria v. Gerber Products Co., No. 15-cv-00200 (C.D. Cal. July 14, 2015)   Zakaria sued Gerber, bringing the usual California claims, based on Gerber’s alleged misrepresentations that Good Start Gentle infant formula reduces the risk to infants of developing atopic … Continue reading →

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False establishment claims not actionable under consumer protection law

Posted on July 14, 2015 by rtushnet

Aloudi v. Intramedic Research Group, LLC, 2015 WL 4148381, No. 15-cv-00882 (N.D. Cal. Jul. 9, 2015)   Aloudi brought the usual California/warranty claims against IRG for its claims about its JavaSLIM product, a “green coffee bean extract weight loss formula.” … Continue reading →

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Amicus seeking rehearing in In re GNC

Posted on July 13, 2015 by rtushnet

Brian Wolfman and I just filed this amicus on behalf of law professors seeking rehearing in the In re GNC case, which badly misunderstood literal falsity. from Blogger http://ift.tt/1M6pdSX

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And his fate is still unlearn’d: Subway overcharge claim fails

Posted on July 10, 2015 by rtushnet

Hollander v. Metropolitan Transp. Authority, 2015 N.Y. Slip Op. 50991(U), 2015 WL 4077193, No. 160972/13 (Sup. Ct. June 25, 2015)   Hollander sued the MTA on behalf of purchasers of 7–Day and 30–Day MetroCards, alleging they were falsely advertised because … Continue reading →

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Reading list: Christine Jolls on visual disclosures

Posted on July 7, 2015 by rtushnet

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First … Continue reading →

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Venable on notable NAD product name ruling

Posted on July 6, 2015 by rtushnet

Amy Mudge and Randall Shaheen explain the NAD’s take on product names: if you put two terms together, as in “Nourishing Coconut Shampoo,” the ingredient has to provide the benefit.  If not, it has to be called “Nourishing Shampoo with … Continue reading →

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UK ad regulator disapproves of negative puffery

Posted on July 1, 2015 by rtushnet

One big difference between the US and the EU in comparative advertising is that what we would consider negative puffery, like “overpriced,” the EU bans as not sufficiently objective.  In this ASA adjudication, the advertiser both ran a review site … Continue reading →

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Trademark scholars roundtable: the consumer in different contexts

Posted on June 30, 2015 by rtushnet

Session 3:  The Consumer in Different Trade Mark Contexts Do the questions that we have looked at in the first two sessions vary in different trademark and adjacent contexts? Is assessment of the reaction of the average consumer in trade … Continue reading →

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