Tag Archives: false advertising

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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