Tag Archives: false advertising

Earnings calls, recall notices not “commercial advertising or promotion,” but could be “of and concerning” largest market player

Posted on November 27, 2023 by rtushnet

In re SoClean, Inc., Marketing, Sales Practices & Products Liab. Litig., 2023 WL 8006602, MDL No. 3021, No. 22-542 (W.D. Pa. Nov. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. SoClean is … Continue reading →

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too much complaining about copying triggers Dastar/preemption for other claims

Posted on November 27, 2023 by rtushnet

Design Gaps, Inc. v. Hall, 2023 WL 8103156, No. 3:23-cv-186-MOC (W.D.N.C. Nov. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for … Continue reading →

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who has standing to challenge robot lawyers?

Posted on November 27, 2023 by rtushnet

MillerKing, LLC v. DoNotPay, Inc., — F.Supp.3d —-, No. 3:23-CV-863-NJR, 2023 WL 8108547 (S.D. Ill. Nov. 17, 2023) “This case pits real lawyers against a robot lawyer.” Spoiler: the robot wins for lack of Article III standing. DoNotPay is an … Continue reading →

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when can pharma experts testify about compliance with the FDCA? (also some survey stuff)

Posted on November 13, 2023 by rtushnet

ImprimisRX, LLC v. OSRX, Inc., 2023 WL 7390842, No. 21-cv-01305-BAS-DDL (S.D. Cal. Nov. 8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised … Continue reading →

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alleged Haitian corruption doesn’t make collection of “foreign taxes” misleading or material

Posted on November 13, 2023 by rtushnet

Celestin v. Martelly, — F.Supp.3d —-, 2023 WL 6385 (E.D.N.Y. 2023) Plaintiffs alleged Martelly, the then-President-elect of Haiti, devised a “wide-ranging scheme” to impose fees and fix prices on money transfers, food remittances, and international calls made to and from … Continue reading →

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(c) infringement and false advertising claims against addiction treatment competitor survive, in part

Posted on November 9, 2023 by rtushnet

New Directions Program v. Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 2:22-cv-01090-DAD-JDP (E.D. Cal. Nov. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of … Continue reading →

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Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

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Timeshare developer wins disgorgement against timeshare exit marketers despite unclean hands

Posted on November 6, 2023 by rtushnet

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2023 WL 7109914, No. 20-24681-Civ-Scola (S.D. Fla. Oct. 27, 2023) Intro: In this trial, the Court has learned that tens of thousands of timeshare owners have been victimized twice: first by the … Continue reading →

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Second Circuit finds false advertising claim against “reef safe” plausible

Posted on November 6, 2023 by rtushnet

Richardson v. Edgewell Personal Care, LLC, 2023 WL 713094, No. 23-128 (2d Cir. Oct. 30, 2023) Richardson brought NYGBL claims against Edgewell’s “Reef Friendly*” and “*No Oxybenzone or Octinoxate”/“*Hawaii Compliant: No Oxybenzone or Octinoxate” sunscreens, alleging that the products contain … Continue reading →

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TM co-owner can’t challenge uses authorized by other co-owners (bonus Lexmark reasoning)

Posted on October 24, 2023 by rtushnet

Reed v. Marshall, 2023 WL 6963661, No. H-21-3942 (S.D. Tex. Oct. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. … Continue reading →

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