Tag Archives: false advertising

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

knowingly false statement of regulatory compliance may be actionable

Posted on October 9, 2023 by rtushnet

Dental Recycling North America, Inc. v. Stoma Ventures, LLC, 2023 WL 6389071, No. 4:23 CV 670 CDP (E.D. Mo. Oct. 2, 2023) The parties compete in the market for amalgam capture devices, which remove fillings (or pieces thereof) from dental … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Proximate cause defeats false advertising claims against standard setting body allegedly packed by competitors

Posted on September 22, 2023 by rtushnet

Geomatrix, LLC v. NSF International, — F.4th —-, 2023 WL 5925977, No. 22-1947 (6th Cir. Sept. 12, 2023) Discussion of opinion below. Geomatrix sells a septic system that substantially differs from those sold by its competitors. It asserts defendants, those … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Marketplace appearance: false advertising cases are fun!

Posted on September 22, 2023 by rtushnet

 Transcript here. from Blogger http://tushnet.blogspot.com/2023/09/marketplace-appearance-false.html

Posted in Uncategorized | Tagged , | Leave a comment

claims against Starbucks fruit drinks without named fruit can continue

Posted on September 21, 2023 by rtushnet

Kominis v. Starbucks Corp., 2023 WL 6066199, No. 22 Civ. 6673 (JPC) (S.D.N.Y. Sept. 18, 2023) Plaintiffs alleged violations of New York and California law based on Starbucks’ allegedly misleading use of fruit words for drinks.  The court allowed some … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Are Burger King menu boards whoppers?

Posted on September 11, 2023 by rtushnet

Coleman v. Burger King Corp., No. 22-cv-20925-ALTMAN (S.D. Fla. Aug. 25, 2023) Plaintiffs alleged that Burger King, through its advertisements and in-store ordering boards, “materially overstates” the size of (and the amount of beef contained in) many of its burgers … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

claim that Adidas NHL jerseys are not “authentic” versions of on-ice jerseys can proceed

Posted on September 7, 2023 by rtushnet

Smith v. Adidas America, Inc., 2023 WL 5672576, No. 6:22-cv-788 (BKS/ML) (N.D.N.Y. Sept. 1, 2023) A non-food case litigated by Spencer Sheehan, just profiled in this New Yorker article. Smith brought claims under NY and other consumer protection laws as … Continue reading →

Posted in Uncategorized | Tagged , | 1 Comment