Tag Archives: false advertising

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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annoyingly redacted opinion finds Block falsely advertised versus TurboTax

Posted on January 20, 2025 by rtushnet

Intuit Inc. v. HRB Tax Gp., Inc., 2024 WL 5320392, No. 5:24-cv-00253-BLF (N.D. Cal. Dec. 3, 2024) Intuit, which makes TurboTax and has had some advertising troubles of its own (hey, check out the IRS Free File program, for taxpayers … Continue reading →

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materiality survey is in–even with 20 industry employees as respondents

Posted on January 17, 2025 by rtushnet

Multiple Energy Technologies, LLC v. Under Armour, INC., 2025 WL 82336, No. 2:20-CV-664-NR (W.D. Pa. Jan. 13, 2025) MET sued Under Armour for multiple things, including false advertising, and here MET sought to exclude the testimony of Under Armour’s consumer … Continue reading →

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statements about market conditions aren’t about “nature, characteristics, or qualities” under 43(b)

Posted on January 17, 2025 by rtushnet

Nexus Pharmaceuticals, LLC v. Long Grove Pharmaceuticals, LLC, 2025 WL 81877, No. 24-10444-MJJ (D. Mass. Jan. 13, 2025) Nexus sued its competitor Long Grove under the Lanham Act, alleging that Long Grove made false statements about a shortage of fluorescein, … Continue reading →

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are certificates of analysis and other technical specs commercial speech?

Posted on January 13, 2025 by rtushnet

Sweegen, Inc. v. Manus Bio Inc., No. 8:24-cv-01757-JVS-DFM, 2024 WL 5317280 (C.D. Cal. Dec. 19, 2024) Sweegen is one of the largest suppliers of non-GMO Rebaudioside M or “Reb M” sweetener, manufactured through bioconversion from stevia leaves. Its competitor makes … Continue reading →

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