Tag Archives: false advertising

once again, injury requirement defeats a false advertising claimant

Posted on November 26, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 3268799, 24cv1646(DLC) (S.D.N.Y. Nov. 21, 2025) Previously. Here, Skillz successfully kicks out Papaya’s false advertising counterclaims for lack of injury, showing once again that the statutory presumption of irreparable injury is … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Pop, six, squish: do both popsicle advertisers have it coming?

Posted on November 17, 2025 by rtushnet

Here, false advertising claims generate false advertising counterclaims, serving as a reminder that the advertiser who goes to court needs to have its own house in order. Austin’s Natural Frozen Pops, Inc. v. Jonny Pops, LLC, 2025 WL 3182084, No. … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Chicken feed virus protection claim triggers lawsuit

Posted on November 17, 2025 by rtushnet

 Kalmbach Feeds, Inc. v. Purina Animal Nutrition, LLC, 2025 WL 3153412, No. 2:25-cv-00617 (S.D. Ohio Nov. 12, 2025) One reason I love advertising law is that, eventually, everything lands in it, and I learn about new-to-me corners of the world. … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Landing page that misdirected searchers away from real senior living community was plausibly false advertising

Posted on November 17, 2025 by rtushnet

Cedar Communities at Commerce, LLC v. Caring, LLC, 2025 WL 3187288, No. 1:25-CV-00922-JPB (N.D. Ga. Nov. 14, 2025) Caring operates a web-based senior living placement and referral service, touting “the longest-running, highest-integrity senior living review program on the web, all … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Fiskars can’t cut down $1.4 million disgorgement award

Posted on November 10, 2025 by rtushnet

Fiskars Finland OY AB v. Woodland Tools Inc., 2025 WL 3124111, No. 22-cv-540-jdp (W.D. Wisc. Nov. 7, 2025) Previously in this false advertising case the court sent to a jury part of Woodland’s claim against Fiskars for false advertising, based … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Star Wars mod wars: claims over a touted but unreleased mod have to go to trial

Posted on November 5, 2025 by rtushnet

Mickelonis v. Aspyr Media, No. 8:23-cv-01220-MWC-ADS, 2025 WL 3050071 (C.D. Cal. Oct. 2, 2025) Interesting video game related dispute: Aspyr develops video games, including by recreating and re-releasing historic games on modern platforms like Steam and Nintendo Switch. Aspyr has … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

claims about game provider’s bot use in “fair” and “skill-based” games must go to trial

Posted on October 30, 2025 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2025 WL 3012836, 24cv1646(DLC) (S.D.N.Y. Oct. 27, 2025) Most recent previous opinion discussed here. Skillz sued its competitor in the “real-money skill-based mobile gaming” market for violating the Lanham Act and NY GBL … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

bad Lanham Act claim, swept up with bad patent claim, triggers Rule 11 sanctions

Posted on October 30, 2025 by rtushnet

Raydiant Oximetry, Inc. v. ALC Medical Holdings LLC, — F.Supp.3d —-, 2025 WL 3022882, No. 25-cv-00392-VC (N.D. Cal. Oct. 29, 2025) Baseless patent and false advertising claims produce a big Rule 11 award. The patent stuff is eye-popping, and it’s … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

allegedly false claims for compounded weight loss drugs didn’t plausibly threaten Eli Lilly’s reputation

Posted on October 28, 2025 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2025 WL 2998166, No. 25-cv-03534-JSC (N.D. Cal. Oct. 24, 2025) Another of the cases in which Eli Lilly’s attempts to protect its GLP-antagonist market do surprisingly badly, once again highlighting the higher … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Coinbase can’t force claim for injunctive relief into arbitration

Posted on October 24, 2025 by rtushnet

Khan v. Coinbase, Inc., 2025 WL 2985378, No. A172063, — Cal.Rptr.3d —-, (Ct. App. Oct. 23, 2025) The appellate court affirmed the denial of Coinbase’s attempt to send Khan’s false advertising claims to arbitration, holding that Khan sought public injunctive … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment