Tag Archives: false advertising

game spat expands beyond false advertising to TM and (c)

Posted on February 17, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 438387, 24cv1646(DLC) (S.D.N.Y. Feb. 7, 2025) Previous discussion. Skillz sued its competitor Papaya, alleging false advertising under federal and state law. Papaya counterclaimed for the same causes of action and added … Continue reading →

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J&J’s talc subsidiary can bring trade libel but not Lanham Act claims against testifying experts

Posted on February 14, 2025 by rtushnet

LLT Management LLC v. Emory, No. 4:24-cv-75, 2025 WL 438100 (E.D. Va. Feb. 7, 2025) The defendants “published an article in a scientific journal, asserting that they had identified 75 people, additional to 33 in an earlier study, who had … Continue reading →

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LinkedIn connection supports right of publicity claim for otherwise generic word

Posted on February 14, 2025 by rtushnet

Joel E. Cape, PLC v. Cape Law PC, — F.Supp.3d —-, 2024 WL 4839370, NO. 5:24-CV-5104 (W.D. Ark. Nov. 20, 2024) The right of publicity claim in this case seems to hang on a LinkedIn connection. Joel Cape opened his … Continue reading →

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delay bars ROP/Lanham Act claims when Facebook use was open and plaintiffs were aware of lots of unauthorized use

Posted on February 14, 2025 by rtushnet

Davalos v. Baywaych Inc., 2024 WL 5344434, — F.Supp.3d —-, No. 21-11075-NMG (D. Mass. Sept. 30, 2024) The caption seems to be a typo, but it’s one of the many right of publicity etc. cases by models against adult clubs … Continue reading →

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Dastar bars claim against allegedly false copyright/licensing claims used to extract money from public domain works

Posted on February 10, 2025 by rtushnet

McKenzie v. Artists Rights Soc., Inc., 2024 WL 4803870, — F.Supp.3d —-, 2024 WL 4803870, 22 Civ. 1619 (JHR) (S.D.N.Y. Nov. 15, 2024) McKenzie is an art publisher that worked with the late artist Robert Indiana to create and produce … Continue reading →

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literal falsity can exist even if there’s a strained “truthful” reading

Posted on February 6, 2025 by rtushnet

Kopp Development, Inc. v. Metrasens, Inc, No. 1:21cv1216, 2025 WL 371303 (N.D. Ohio Feb. 3, 2025) Metrasens and plaintiff KDI compete in the market for ferromagnetic detectors, used to detect magnetic items (such as iron) on a person’s body or … Continue reading →

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ambiguity over who was first African-American bourbon distiller in Kentucky dooms false advertising claim

Posted on February 4, 2025 by rtushnet

Victory Global, LLC v. Fresh Bourbon, LLC, 2025 WL 366626, No. 5:21-62-KKC (E.D. Ky. Jan. 31, 2025) After dealing with a motion to dismiss, the court now grants summary judgment in this case brought by one African American-owned bourbon seller … Continue reading →

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materiality surveys may not need controls

Posted on February 3, 2025 by rtushnet

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., No. 14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y. Jan. 30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I … Continue reading →

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NYC loses greenwashing case against Exxon and pals

Posted on January 23, 2025 by rtushnet

City of New York v. Exxon Mobil Corp., — N.Y.S.3d —-, 2025 WL 209843, No. 451071/2021 (N.Y.S. Ct. Jan. 14, 2025) Probably not the last we’ll hear about this, but the court dismissed the City’s two consumer protection claims against … Continue reading →

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GIGO? literal falsity and a remedy mismatch

Posted on January 22, 2025 by rtushnet

InSinkErator LLC v. Joneca Co., No. 8:24-cv-02600-JVS-ADS, 2025 WL 250032 (C.D. Cal. Jan. 10, 2025) InSinkErator, allegedly the world’s largest manufacturer of garbage disposals for home and commercial use (and to its shame, an entity that sued a TV show … Continue reading →

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