Tag Archives: false advertising

consumer false advertising plaintiffs can’t use surveys the way competitors can

Posted on October 13, 2026 by rtushnet

Sinatro v. Barilla America, Inc., No. 22-cv-03460-ASK (N.D. Cal. Sept. 30, 2026) Deception of a substantial number of reasonable consumers, even well less than a majority, can be the basis of Lanham Act liability. But consumer protection cases have difficulty … Continue reading →

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Schedule A false advertising TRO dissolved for the defendants who showed up

Posted on October 13, 2026 by rtushnet

Kiel James Patrick, LLC v. Partnerships & Unincorporated Associations Identified on Schedule A, 2026 WL 3015613, C.A. No. 25-cv-633-MRD-AEM (D.R.I. Oct. 7, 2026) KJP filed a Schedule A claim against a bunch of defendants for false designation of origin/false advertising; … Continue reading →

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dismissal of NYC’s consumer protection claims against fossil fuel companies affirmed

Posted on October 13, 2026 by rtushnet

City of New York v. Exxon Mobil Corp., 2026 WL 3023932, Appeal No. 6583, — N.Y.S.3d —- (App. Div. Oct. 8, 2026) False advertising claims against fossil fuel companies for contributing to climate change are hard to win. The City … Continue reading →

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would-be competitor lacks Lanham Act standing

Posted on October 13, 2026 by rtushnet

Onego Bio Inc. v. Clara Foods Co., 2026 WL 3033777, No. 1:25-cv-01131-JDW (D. Del. Oct. 9, 2026) Onega Bio sought a declaratory judgment that defendant EVERY’s patent covering recombinant ovalbumin protein was invalid and unenforceable and that Onego didn’t not … Continue reading →

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candy buyers fail to allege difference between pumpkin & Jack-o’-lantern shape

Posted on September 22, 2026 by rtushnet

Vidal v. Hershey Co., No. 24-60831-CIV-DAMIAN, 2026 WL 2730302 (S.D. Fla. Sept. 16, 2026) Reese’s Peanut Butter Pumpkins with carved face on package actual candy There’s a Reese’s Peanut Butter pumpkin. It was advertised with a Jack-o’-lantern package, but the … Continue reading →

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it’s hard to get rid of a foreign TM owner’s complaint at the motion to dismiss stage despite territoriality

Posted on September 4, 2026 by rtushnet

Honest Greens Barcelona, S.A.U. v. Poky’s LLC, 2026 WL 2593358, No. 4:24-cv-07023-JD (D.S.C. Sept. 2, 2026) Honest Greens operates restaurants in Spain and Portugal under the HONEST GREENS name and related marks; it owns registrations for HONEST GREENS in several … Continue reading →

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dct strikes down California’s new recyclability law on vagueness/1A grounds

Posted on September 2, 2026 by rtushnet

California League of Food Producers v. Bonta, 2026 WL 2055589, No. 3:26-cv-01675-WQH-BLM (S.D. Cal. Jul. 14, 2026) Trade associations challenged a California law about recyclability claims; the court found it unconstitutionally vague and also unconstitutional under Central Hudson. Basically, the … Continue reading →

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look, there’s a lawsuit: bad claim against comedian leads to anti-SLAPP award

Posted on August 31, 2026 by rtushnet

Morake v. Mwanyenyeka, No. 2:26-cv-02795-JLS-AS, 2026 WL 2548629 (C.D. Cal. Aug. 28, 2026) Noted because, well, it’s an unusually bad claim. Morake is the creator and original performer of “Nants’ingonyama bagithi Baba,” the opening chant from Disney’s The Lion King. … Continue reading →

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use of (R) on goods for which mark is not registered might be literally false

Posted on August 27, 2026 by rtushnet

Southern Marsh Collection, LLC v. Dixie Decoys, LLC, 2026 WL 2431220, No. 24-00905-BAJ-EWD (M.D. La. Aug. 19, 2026) This opinion deals only with defendant’s attempt to get claims against its allegedly false use of the ® symbol dismissed; it is … Continue reading →

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9th Circuit orders class decertified: common issues on materiality/damages insufficient without deception

Posted on August 25, 2026 by rtushnet

Rusoff v. Happy Group, Inc., — F.4th —-, 2026 WL 2387098, No. 24-7706 (9th Cir. Aug. 17, 2026) Court’s summary: This is a deceptive advertising class action concerning “pasture raised” labels on egg cartons. After excluding the opinion of plaintiffs’ … Continue reading →

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