Tag Archives: false advertising

Lanham Act willfulness satisfies Bankruptcy Act willful/malicious standard

Posted on October 29, 2021 by rtushnet

In re Better Than Logs, Inc., 631 B.R. 670, No. 20-20160-BPH (D. Mont. Jun. 11, 2021) A rare bankruptcy/false advertising interaction. Creditor Everlog sued BTL for patent infringement and false advertising; BTL ultimately defaulted and Everlog was awared nearly $1 … Continue reading →

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Timeshare case: proof of causation/damages is difficult especially w/o grasp of Bayesian probability

Posted on October 26, 2021 by rtushnet

Wyndham Vacation Ownership, Inc. v. Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D. Fla. Sept. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales … Continue reading →

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Court rejects “buy button” false advertising claim because consumer hasn’t yet lost access to “purchased” content

Posted on October 25, 2021 by rtushnet

Caudel v. Amazon.com, 2021 WL 4819602, No. 20-cv-00848-KJM-KJN (E.D. Cal. Oct. 15, 2021) Disagreeing with a case against Apple, the court here concludes that Amazon’s “buy” option that doesn’t give consumers ownership does not harm consumers who haven’t (yet) lost … Continue reading →

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“virologist developed” etc. plausibly implies disease prevention

Posted on October 25, 2021 by rtushnet

Corbett v. PharmaCare U.S., Inc., 2021 WL 4866124, No. 21cv137-GPC(AGS) (S.D. Cal. Oct. 19, 2021) This is a putative class action for violations of consumer fraud statutes in the sale of Sambucol, a dietary supplement that contains a “proprietary extract” … Continue reading →

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if it’s on the label, courts can presume consumers saw it

Posted on October 12, 2021 by rtushnet

Bailey v. Rite Aid Corp., 2021 WL 4469638, No. 4:18-cv-06926 YGR (N.D. Cal. May 26, 2021) Rite Aid moved to reconsider a previous ruling denying a motion to dismiss Bailey’s claim against Rite Aid’s marketing of its over-the-counter acetaminophen gelcaps … Continue reading →

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defendant moots claim by ending activity in a way that would require gov’t consent to restart

Posted on October 12, 2021 by rtushnet

Snarr v. HRB Tax Gp., Inc., 2021 WL 4499416, No. 19-cv-03610-SK (N.D. Cal. Aug. 24, 2021) Snarr alleged that HRB violated the usual California statutes by creating a “bait and switch” program to lure customers into paying for defendants’ services … Continue reading →

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challenging defendant’s clinical proof claim is falsity, not lack of substantiation

Posted on October 12, 2021 by rtushnet

Woodard v. Labrada, 2021 WL 4499184, No. EDCV 16-189 JGB (SPx) (C.D. Cal. Aug. 31, 2021) Woodard brought the usual California claims and some others, including NY claims, against Labrada for its weight loss products. Some tidbits: Labrada argues that … Continue reading →

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Juxtaposition doesn’t necessarily mean one claim bleeds into another

Posted on October 11, 2021 by rtushnet

Engram v. GSK Consumer Healthcare Holdings (US) Inc., 2021 WL 4502439, No. 19-CV-2886(EK)(PK) (E.D.N.Y. Sept. 30, 2021) GSK sells “2 in 1 Lipcare” Chapstick: it provides moisturization and sun protection … but the former lasts longer than the latter. Engram … Continue reading →

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disparagement campaign in niche jewelry market could violate Lanham Act

Posted on October 11, 2021 by rtushnet

Roberto Coin, Inc. v. Goldstein, No. 18-CV-4045(EK)(ST), 2021 WL 4502470 (E.D.N.Y. Sept. 30, 2021) Defendants Goldstein and his company Kings Stone supplied plaintiff RCI with a gemstone they called “black jade.” “After RCI stopped sourcing black jade from Kings Stone … Continue reading →

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Mexican origin claims revitalized by survey

Posted on October 11, 2021 by rtushnet

Govea v. Gruma Corp., 2021 WL 4518457, No. CV 20-8585-MWF (JCx) (C.D. Cal. Aug. 18, 2021) Previous discussion. The amended complaint fares better: the tortilla packages at issue plausibly misrepresented Mexican origin. Plaintiffs added allegations that “[u]n pedacito de México” … Continue reading →

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