Tag Archives: false advertising

burden is on Ds to show unprotectability of what they copied

Compulife Software Inc. v. Newman, 2020 WL 2549505, No. 18-12004, No. 18-12007 (11th Cir. May 20, 2020) The opinion sums up: The very short story: Compulife Software, Inc., which has developed and markets a computerized mechanism for calculating, organizing, and … Continue reading

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court rejects HomeAdvisor’s First Amendment defense of its misleading ads

People ex rel. Gascon v. HomeAdvisor, Inc., A154960, 2020 WL 2486970 (Cal. Ct. App. May 14, 2020) HomeAdvisor appealed an injunction barring it from broadcasting certain ads (except with a disclaimer, for a limited time). HomeAdvisor argued that the order … Continue reading

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“100% Natural” might be deceptive as applied to food w/bioengineered ingredients

Lee v. Conagra Brands, Inc., No. 17-2131 (1st Cir. May 7, 2020) Lee alleged that Wesson’s supposedly “100% Natural” vegetable oil contained GMOs, which she regarded as “quite unnatural,” in violation of Mass. Gen. Laws ch. 93A.  She also alleged … Continue reading

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Forthcoming article: Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising

Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising, Iowa Law Review, Forthcoming Abstract: Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even helpful to competition. Contradiction … Continue reading

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Reasonable restaurant consumers wouldn’t think “krab mix” had real crab in it

Kang v. P.F. Chang’s China Bistro, Inc., No. CV 19-02252 PA (SPx), 2020 WL 2027596 (C.D. Cal. Jan. 9, 2020) Kang alleged that P.F. Chang’s “employed a classic bait and switch tactic whereby it falsely labeled and advertised food products … Continue reading

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Common sense can’t show materiality for damages purposes in Fifth Circuit

Illinois Tool Works, Inc. v. Rust-Oleum Corporation, — F.3d —-, No. 19-20210, 2020 WL 1808871 (5th Cir. Apr. 9, 2020) The Fifth Circuit continues on its crusade to prevent false advertising disgorgement from being awarded. [I guess it has worse … Continue reading

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11th Circuit protects (at least some) truthful references to product creation

Webster v. Dean Guitars, — F.3d —-, 2020 WL 1887783, No. 19-10013 (11th Cir. Apr. 16, 2020) Buddy Webster (pka Buddy Blaze), a successful guitar maker and technician, in the mid-1980s modified a Dean guitar and commissioned someone to paint … Continue reading

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reasonable consumers wouldn’t think Dunkin Donuts Angus Steak was intact piece of meat

Chen v. Dunkin’ Brands, Inc., No. 18-3087-cv, — F.3d —-, 2020 WL 1522826 (2d Cir. Mar. 31, 2020) Plaintiffs sued Dunkin for deceptively marketing the Angus Steak & Egg Breakfast Sandwich and the Angus Steak & Egg Wake-Up Wrap, alleging … Continue reading

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1201 claim to control device features survives

Philips North America, LLC v. v. Summit Imaging Inc., 2020 WL 1515624, No. C19-1745JLR (W.D. Wash. Mar. 30, 2020) But I was told that after Lexmark and Chamberlain, manufacturers weren’t using §1201 claims to control devices! The parties compete to … Continue reading

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Humvees in Call of Duty are constitutionally protected realism, not confusing/diluting

AM General LLC v. Activision Blizzard, Inc., No. 17 Civ. 8644 (GBD) (S.D.N.Y. Mar. 31, 2020) The district court allows Humvees to appear in realistic videogames by performing a full confusion analysis, despite purporting to follow Rogers v. Grimaldi. The … Continue reading

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