Tag Archives: false advertising

it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

Posted on October 19, 2023 by rtushnet

In Re Ethereummax Investor Litig., No. CV 22-00163-MWF (SKx), 2023 WL 6787827 (C.D. Cal. Jun. 6, 2023) EMAX is a cryptocurrency project centered around the EthereumMax, which can be traded, spent, or otherwise transacted between token holders. EMAX Tokens were … Continue reading →

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Claims against “Southern Comfort” malt beverage not preempted

Posted on October 11, 2023 by rtushnet

Del Rosario v. Sazerac Co., 2023 WL 6318083, No. 23-cv-1060 (AS) (S.D.N.Y. Sept. 28, 2023) Sazerac sells a malt version of its famous Southern Comfort whiskey. Plaintiff alleged that Sazerac designed this malt version to look just like the original … Continue reading →

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no injury to alcoholic kombucha producer from competitor’s false no-alcohol/low-sugar label (cute dogs are also involved)

Posted on October 11, 2023 by rtushnet

Tortilla Factory, LLC v. GT’s Living Foods, LLC, No. CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. Cal. Sept. 27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. Despite finding the … Continue reading →

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TM and takings claims against Puerto Rico fail: license plates/tags aren’t use in commerce

Posted on October 11, 2023 by rtushnet

Clemente Properties, Inc. v. Urrutia, No. 22-1373 (GMM), 2023 WL 6201397, — F. Supp. 3d — (D.P.R. Sept. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious … Continue reading →

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proximate causation isn’t as easy when there’s no disparagement

Posted on October 11, 2023 by rtushnet

HomeLight, Inc. v. Shkipin, No. 22-cv-03119-PCP, 2023 WL 6284738, — F.Supp.3d —- (N.D. Cal. Sept. 27, 2023) HomeLight runs an online platform that matches real estate agents with homebuyers and sellers and requires any agent who accepts a referral resulting … Continue reading →

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EDNY judge doesn’t have a beef with Wendy’s and McDonald’s ads

Posted on October 10, 2023 by rtushnet

Chimienti v. Wendy’s Int’l, LLC, No. 22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. Sept. 30, 2023) Plaintiff alleged New York statutory and common law claims based on allegations that Wendy’s and McDonald’s misleadingly advertised the quantity of food contained in various … Continue reading →

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YouTube videos aren’t commercial advertising/promotion even if some commercial info is in channel bio

Posted on October 10, 2023 by rtushnet

Wealthy, Inc. v. Cornelia, 2023 WL 6379449, No. 2:21-CV-1173 JCM (EJY) (D. Nev. Sept. 29, 2023) “This action arises out of a series of interviews published on YouTube and conducted by Cornelia that plaintiffs perceive as defamatory.” Defendant Buczkowski is … Continue reading →

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literal falsity of claim that website doesn’t allow checkout in under a minute supports preliminary injunction

Posted on October 10, 2023 by rtushnet

Novation Solutions, Inc. (o/a DealMaker) v. Issuance Inc., 2023 WL 6373871, No. 2:23-cv-00696-WLH-KSx (C.D. Cal. Aug. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its … Continue reading →

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Amazon escapes liability for its Brand Registry advertising

Posted on October 9, 2023 by rtushnet

Deetsch v. Lei, 2023 WL 6373073, No. 22-cv-1166-RSH-BLM (S.D. Cal. Jul. 21, 2023) Deetsch alleged that he owned design patents for CPAP pillow products, which the Lei defendants infringed. They also allegedly used Deetch’s image in ads and on packaging, … Continue reading →

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accusing someone of patent infringement can be actionable disparagement if you know the patent’s invalid

Posted on October 9, 2023 by rtushnet

Cap Export, LLC v. Zinus, Inc., 2023 WL 6381821, No. 2:21-cv-07148-JWH-MRWx (C.D. Cal. Sept. 28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for … Continue reading →

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