Tag Archives: false advertising

Mars and Quaker dodge chocolate/child slavery claims, but Starbucks doesn’t

Posted on September 24, 2021 by rtushnet

Myers v. Starbucks Corp., 2021 WL 1921120, No. 5:20-cv-00335-JWH-SHKx (C.D. Cal. May 5, 2021) Myers sued Mars, Quaker Oats, and Starbucks under the CLRA and UCL, alleging claims related to use of child slaves to produce cocoa. Child slavery, which … Continue reading →

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Made-in-USA claims over tea survive; “America’s Classic” could be falsifiable in context

Posted on September 24, 2021 by rtushnet

Banks v. R.C. Bigelow, Inc., — F.Supp.3d —-, 2021 WL 1734779, No. 20-cv-6208 DDP (RAOx) (C.D. Cal. May 3, 2021) Plaintiffs sued over tea labeled “MANUFACTURED IN THE USA 100% AMERICAN FAMILY OWNED” and “AMERICA’S CLASSIC.” However, the tea leaves … Continue reading →

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retail/outlet claims for Vineyard Vines scrape past motion to dismiss

Posted on September 23, 2021 by rtushnet

Casio v. Vineyard Vines, LLC, 2021 WL 466039, 19-CV-5135 (JMA) (AYS) (E.D.N.Y. Feb. 9, 2021) Plaintiff alleged falsity in pricing/tags in defendant’s outlet stores. The products allegedly “purport to be identical” to those sold in the “retail” stores, “shar[ing] similar … Continue reading →

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Netflix prevails over claims by lawyers that they were misportrayed in money laundering film

Posted on September 22, 2021 by rtushnet

Mossack Fonseca & Co., S.A. v. Netflix Inc., 2020 WL 8509658, No. CV 19-9330-CBM-AS(x) (C.D. Cal. Dec. 23, 2020) MFSA brought trademark dilution and false advertising claims against Netflix for its portrayal in the film “The Laundromat.” (It’s about money … Continue reading →

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4th Circuit continues its Lanham Act frolic, notes overbreadth of expansive injunctive relief

Posted on September 22, 2021 by rtushnet

De Simone v. Alfasigma USA, Inc., No. 19-1731, 847 Fed.Appx. 174 (4th Cir. Feb. 17, 2021) Depressingly doubling down on its bizarre interpretation of the Lanham Act first created by misinterpreting California’s UCL, the Fourth Circuit nonetheless mitigates some of … Continue reading →

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Contract remedies again prove broader than false advertising for pandemic-related suits

Posted on September 21, 2021 by rtushnet

In re Columbia Tuition Refund Action, No. 20-CV-3208 (JMF) & 20-CV-3210 (JMF), — F.Supp.3d —-, 2021 WL 790638 (S.D.N.Y. Feb. 26, 2021) These are two putative class actions against Columbia and Pace based on allegedly broken promises due to the … Continue reading →

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divided NY court finds incomplete legal compilation wouldn’t mislead reasonable consumers

Posted on September 21, 2021 by rtushnet

Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co., 2021 NY Slip Op 03485, — N.E.3d —-  37 N.Y.3d 169 (Jun. 3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that … Continue reading →

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competitor’s copying of photos doesn’t inherently inflict competitive harm

Posted on September 20, 2021 by rtushnet

McCleese v. Natorp’s, Inc., 2021 WL 2270511, No. 1:20-cv-118 (S.D. Ohio Jun. 3, 2021) The parties compete in the market for custom landscape design services. “[I]n February 2010, Natorp’s began using approximately 24 of McCleese’s photos on its commercial website.” … Continue reading →

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“recyclable” could be deceptive where local recycling isn’t widespread

Posted on September 17, 2021 by rtushnet

Downing v. Keurig Green Mountain, Inc., 2021 WL 2403811, No. 1:20-cv-11673-IT (D. Mass. Jun. 11, 2021) Keurig allegedly deceptively advertised its plastic single-serving pods as recyclable when those pods were not recyclable according to federal regulations. Keurig allegedly released pods … Continue reading →

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Lost profits aren’t restitution for California UCL purposes

Posted on September 17, 2021 by rtushnet

Lee v. Luxottica Retail North America, Inc., — Cal.Rptr.3d —-, 2021 WL 2451109, A157657 (Ct. App. Jun. 16, 2021) Lee, on behalf of a putative class of California optometrists with independent optometry practices, brought suit against a competing chain of … Continue reading →

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