Tag Archives: false advertising

“it appears difficult for a defendant, innocent or not, to defend himself in a claim for disgorgement of profits”

Posted on March 4, 2024 by rtushnet

Newborn Bros. Co. v. Albion Engineering Co., No. 12-2999, 2024 WL 887785 (D.N.J. Feb. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” Now it’s … Continue reading →

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Falsely advertising “ghost guns” as legal in NY is actionable

Posted on February 26, 2024 by rtushnet

State of N.Y. v. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y. Feb. 23, 2024) The AG sued sellers of “unfinished frames and receivers” — also known as “80% lowers” or “receiver blanks” —designed to evade restrictions … Continue reading →

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US News rating was mere opinion except as to school that intentionally submitted bad information to it

Posted on February 26, 2024 by rtushnet

Favell v. Univ. of Southern Cal., 2024 WL 751006, No. CV 23-3389-GW-MARx (C.D. Cal. Jan. 23, 2024) Plaintiffs alleged that defendants conspired to inflate the US News ranking of USC Rossier School of Education by submitting inaccurate or incomplete data … Continue reading →

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ex-employee’s Glassdoor post wasn’t commercial advertising or promotion

Posted on February 23, 2024 by rtushnet

Schabacker v. Ferens, 2024 WL 710632, No. 22-3778 (E.D. Pa. Feb. 21, 2024) ECRI and its CEO sued Ferens, a former ECRI employee, for various things including defamation, IIED, violations of trade secret law, and Lanham Act false advertising. ECRI … Continue reading →

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Switching tomato varieties but keeping nearly exact labels may be misleading

Posted on February 22, 2024 by rtushnet

Valiente v. Simpson Imports, Ltd., No. 23-cv-02214-AMO (N.D. Cal. Feb. 20, 2024) According to the complaint, San Marzano tomatoes “originate[] from the town of San Marzano sul Sarno, near Naples, Italy.” San Marzano tomatoes “bear a special designation: D.O.P. (Denominazione … Continue reading →

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False patent marking claims survive even when Dastar bars false advertising claims based on “innovation”

Posted on February 16, 2024 by rtushnet

Lashify, Inc. v. Qingdao Lashbeauty Cosmetic Co., 2024 WL 629985, No. W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. Tex. Jan. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash … Continue reading →

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Damages questions preclude certifying a Lanham Act false advertising plaintiff class

Posted on February 16, 2024 by rtushnet

Ciccio v. SmileDirectClub, LLC, 2024 WL 559235, No. 3:19-cv-00845 (M.D. Tenn. Feb. 12, 2024) The court denied certification to a proposed class of dentists/orthodontists over SDC’s allegedly false advertising for its plastic aligners/teledentistry services, based on difficulties identifying harm/causation. Under … Continue reading →

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misrepresentation to Amazon isn’t “commercial advertising or promotion”

Posted on February 16, 2024 by rtushnet

Amazon.com, Inc. v. Wong, 2024 WL 553695, NO. C19-0990JLR (W.D. Wash. Feb. 12, 2024) This default judgment actually analyzes the false advertising claims, which is why I note it. Amazon and Nite Ize sued Wong for selling hundreds of thousands … Continue reading →

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FTC’s new rule against impersonation includes notice of supplemental rulemaking on impersonating individuals

Posted on February 16, 2024 by rtushnet

 Read all about it. from Blogger http://tushnet.blogspot.com/2024/02/ftcs-new-rule-against-impersonation.html

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challenge to Sirius XM’s (huge) junk fees survives

Posted on February 8, 2024 by rtushnet

Carovillano v. Sirius XM Radio Inc., 2024 WL 450040, No. 23 Civ. 4723 (PAE) (S.D.N.Y. Feb. 6, 2024) Among other things, this opinion features very effective use of images from this case and others! Plaintiffs alleged that Sirius XM promises … Continue reading →

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