Tag Archives: false advertising

“natural” claims proceed because reasonable consumers can know little about pet food

Posted on March 6, 2025 by rtushnet

Goetz v. Ainsworth Pet Nutrition, LLC, 2025 WL 692426, No. 24-CV-04799 (JPO) (S.D.N.Y. Mar. 3, 2025) Plaintiffs alleged violations of Sections 349 and 350 of the New York General Business Law and breach of warranty based on defendants’ allegedly false … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

job postings aren’t “commercial advertising or promotion” for hiring party’s goods/services

Posted on March 4, 2025 by rtushnet

Sun Nong Dan Foods, Inc. v. Kangnam1957, Inc., 2024 WL 5440252, No. 2:23-cv-09779-WLH-RAO (C.D. Cal. Nov. 19, 2024) Not a surprise, but fills a gap in the caselaw: employment ads aren’t “commercial advertising and promotion” for the business trying to … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

pandemic education shutdowns allow unjust enrichment, not contract or false advertising claims

Posted on February 27, 2025 by rtushnet

Yodice v. Touro College & Univ. Sys., 2025 WL 579957, No. 21cv2026 (DLC) (S.D.N.Y. Feb. 21, 2025) Yodice sued Touro for reimbursement of tuition and fees he paid during the Spring 2020 semester, when Touro’s campuses were closed due to … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

disgorging a CEO’s salary, then trebling the amount?

Posted on February 27, 2025 by rtushnet

Multiple Energy Technologies, LLC v. Casden, 2025 WL 579641, № 2:21-cv-01149-ODW (RAOx) (C.D. Cal. Feb. 21, 2025) I just posted about courts’ increasing openness to disgorgement. Here, the court trebles an award in a way that seems definitionally disconnected to … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

FDA preclusion doesn’t work as often after Pom Wonderful (or Loper Bright?)

Posted on February 27, 2025 by rtushnet

Pacira BioSciences, Inc. v. Ventis Pharma, Inc., 2025 WL 576549, No. 2:24-cv-07554-MRA-RAO, (C.D. Cal. Jan. 17, 2025) Pacira alleged that its competitor (here Ventis) violated the Lanham Act by making claims about its drugs relating to (1) exemption from FDA … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

distinguishing false establishment claims from lack of substantiation claims

Posted on February 21, 2025 by rtushnet

Kurin, Inc. v. ICU Medical, Inc., 2024 WL 5416672, No. 8:24-cv-00564-FWS-ADS (C.D. Cal. Nov. 8, 2024) The parties compete in the market for medical devices aimed at addressing blood culture contamination (BCC) in hospitals. BCC is both medically and financially … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment