Tag Archives: false advertising

package claim that required users to double serving size and add ingredient was plausibly misleading despite disclaimer

Posted on April 28, 2025 by rtushnet

Mencia-Montes v. Fit Foods Distrib., Inc., 2025 WL 1185372, No. 24-cv-01768-EKL (N.D. Cal. Mar. 31, 2025) Courts in the 9th Circuit have increasingly held, in consumer protection cases, that an asterisk puts the consumer on notice of important qualifications. But … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

nonprofits’ promotion of “abortion reversal” services was commercial speech

Posted on April 22, 2025 by rtushnet

National Institute of Family and Life Advocates v. Bonta, No. 2:24-CV-08468-HDV-(MARx), 2025 WL 1140450 (C.D. Cal. Mar. 6, 2025) Not sure this one survives appellate review, but we’ll see. NIFLA sued for injunctive relief against California AG Bonta over his … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“defeat devices” in trucks plausibly deceptive because they rendered vehicles unlawful to drive

Posted on April 21, 2025 by rtushnet

Biederman v. FCA US LLC, — F.Supp.3d —-, 2025 WL 458831, No. 23-cv-06640-JSC (N.D. Cal. Feb. 11, 2025) This is a putative class action over alleged “defeat devices” in diesel engines installed in RAM 2500 and 3500 pick-up trucks. Plaintiffs … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Washington’s anti-spam law covers any misrepresentations in subject line of commercial email

Posted on April 21, 2025 by rtushnet

In re Brown v. Old Navy, LLC, 2025 WL 1132243, — P.3d —-, No. 102592-1 (Wash. Apr. 17, 2025) Deciding a certified question, the Washington Supreme Court held over dissent that the state’s anti-spam law covers all commercial emails with … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

trademark use is easier with a suggestive mark than with a descriptive one

Posted on April 11, 2025 by rtushnet

Medical Depot, Inc. v. Med Way US, Inc., — F.Supp.3d —-, 2025 WL 948334, No. 22-CV-01272 (OEM) (SIL) (E.D.N.Y. Mar. 28, 20 This case focuses on trademark “use.” The parties are medical supply companies who use similar marks—“Med-Aire” and “MEDAIR®”—to … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

whether a product was discontinued doesn’t relate to its “nature, characteristics, qualities, or geographic origin”

Posted on April 4, 2025 by rtushnet

Memjet Technology Limited v. Vanguard Graphics International, LLC, 2025 WL 976915,  No. 3:23-cv-1810-JES-AHG (S.D. Cal. Apr. 1, 2025) The parties sell digital inkjet products for use in commercial industries. Plaintiffs alleged that defendants disseminated a communication to approximately twenty businesses … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Canadian-origin “Truffettes de France” are plausibly misleading

Posted on April 2, 2025 by rtushnet

James v. Chocmod USA Inc., 2025 WL 950509, No. 1:22-cv-01435 JLT SKO (E.D. Cal. Mar. 28, 2025) Plaintiffs sued over defendant’s “Truffettes de France” (trans. “Truffles from France”), which are, despite the name, made in Canada. They brought the usual … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

district court misunderstands “fake sale” claims, finds price not to be a “statement”

Posted on April 2, 2025 by rtushnet

Nguyen v. Lovesac Co., 2025 WL 950511, No. 2:24-cv-01293-TLN-JDP (E.D. Cal. Mar. 28, 2025) Weird decision finding that a price isn’t an actionable representation, which—even if true—ignores the difference between a price and a putative former price represented by a … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

advertising game device’s legality amidst gambling prosecutions could violate the Lanham Act

Posted on April 1, 2025 by rtushnet

TNT Amusements, Inc. v. Torch Electronics, LLC, 2025 WL 947506, No. 4:23-CV-330-JAR (E.D. Mo. Mar. 28, 2025) The parties compete in the market for “retail amusement devices.” TNT owns and leases out traditional arcade games and similar amusement equipment (e.g., … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

game over for allegations relating to misattributed/distorted consumer complaints

Posted on March 28, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 918411, 24cv1646(DLC) (S.D.N.Y. Mar. 26, 2025) Previously, the court partially granted Skillz’s motion to dismiss Papaya’s amended counterclaims; Papaya sought leave to file further amended counterclaims, which the court denied. The … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment