Tag Archives: false advertising

Peloton music library class action fails because consumers probably didn’t see the claim

Posted on May 3, 2023 by rtushnet

Passman v. Peloton Interactive, Inc., 2023 WL 3195941, No. 19-cv-11711 (LJL) (S.D.N.Y. May 2, 2023) Interesting discussion of the way in which the objective reasonable consumer standard allows consumers classes to bring certain probabilistic claims, where some consumers might have … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Second Circuit finds “therapeutic grade”/physical effects claims for essential oils falsifiable; suggests that lack of substantiation violates NY law

Posted on May 3, 2023 by rtushnet

MacNaughton v. Young Living Essential Oils, LC, 2023 WL 3185045, No. 22-0344, — F.4th — (2d Cir. May 2, 2023) In 2020, NAD found that Young Living’s claims that its essential oils are “therapeutic-grade” and impart physical and/or mental health … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“same” claim was literally false where probiotics had different strains and different profiles

Posted on May 2, 2023 by rtushnet

ExeGi Pharma, LLC v. Brookfield Pharmaceuticals, LLC, — F.Supp.3d —-, 2023 WL 3142311, No. 20-CV-192-JPS (E.D. Wis. Mar. 21, 2023) ExeGi sued Brookfield for state and federal false advertising/tortious interference. The court here resolves only the Lanham Act claims, partially … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

in a Lanham Act (false advertising) case, presumptions cannot substitute for Article III injury

Posted on April 26, 2023 by rtushnet

TocMail, Inc. v. Microsoft Corp., — F.4th —-, 2023 WL 3070085, No. 22-10223 (11th Cir. Apr. 25 2023) Previous district court opinion allowing Lanham Act false advertising claims to proceed against Microsoft; applying the Article III analysis that doesn’t (yet?) … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

using competitor’s images in comparative advertising is fair use even when appearance isn’t being compared

Posted on April 26, 2023 by rtushnet

 I Dig Texas, LLC v. Creager Servs., LLC, 2023 WL 3066119, No. 22-CV-0097-CVE-JFJ (N.D. Okla. Apr. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

no disgorgement under state law when false advertising wasn’t shown to result in sales

Posted on April 25, 2023 by rtushnet

Republic Technologies (NA), LLC v. BBK Tobacco & Foods, LLP, 2023 WL 3004625, No. 16 C 03401 (N.D. Ill. Apr. 19, 2023) Previous discussion. A jury found that defendant HBI engaged in unfair competition and violated the Illinois Uniform Deceptive … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“Margarita Hard Seller” with no tequila isn’t deceptive

Posted on April 25, 2023 by rtushnet

Warren v. Coca-Cola Co., 2023 WL 3055196, No. 22-CV-6907 (CS) (S.D.N.Y. Apr. 21, 2023) Defendant makes Topo Chico “Margarita Hard Seltzer.” It doesn’t have any tequila in it, though it is made with agave sugars. The front label contains the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

hashtags are plausibly infringing; sales claims plausibly false based on P’s own history of sales

Posted on April 25, 2023 by rtushnet

Automated Pet Care Prods., LLC v. Purlife Brands, Inc., 2023 WL 3046592, No. 22-cv-04261-VC (N.D. Cal. Apr. 21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

fake meat law reinstated on appeal: intentionally misleading commercial speech gets no protection

Posted on April 25, 2023 by rtushnet

Turtle Island Foods, S.P.C. v. Strain, No. 22-30236 (5th Cir. Apr. 12, 2023) Reversing the district court, the court of appeals found that Tofurkey’s facial challenge to a Louisiana anti-fake meat law failed because the law plausibly could be read … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

paying a referral fee is a consumer injury, not a competitor injury, for Lanham Act standing purposes

Posted on April 20, 2023 by rtushnet

Lewis v. Acuity Real Estate Services, LLC, 63 F.4th 1114 (6th Cir. 2023) Acuity operates a website that connects people looking to buy or sell homes with a local real-estate agent in their area. Acuity offers its services for free … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment