Tag Archives: false advertising

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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independent contractors as agents in creating fake reviews

Posted on September 17, 2021 by rtushnet

RingCentral, Inc. v. Nextiva, Inc., 2021 WL 2476879, No. 19-cv-02626-NC (N.D. Cal. Jun. 17, 2021) The parties are cloud-based communications companies. RingCentral offers voice, virtual private branch exchange, audio and video conferencing, messaging, contact center collaboration, SMS, online meetings, contact … Continue reading →

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9th Circuit: desire to purchase properly labeled product is too abstract for injunctive relief standing

Posted on September 16, 2021 by rtushnet

In re Coca-Cola Products Marketing & Sales Practices Litig. (No. II), 2021 WL 3878654, No. 20-15742 (9th Cir. Aug. 31, 2021) The Ninth Circuit limits its injunctive relief standing jurisprudence in light of TransUnion. The district court certified a class … Continue reading →

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two “kills 99.9% of germs” cases, divergent results

Posted on September 15, 2021 by rtushnet

Mier v. CVS Pharmacy, Inc., 2021 WL 1559367, No. SA CV 20-01979-DOC-ADS (C.D. Cal. Mar. 22, 2021) Another pandemic case, this one alleging that CVS’s Advanced Formula Hand Sanitizer misleads consumers by representing that it kills 99.99% of germs. The … Continue reading →

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Weight Watchers’ pandemic termination of in-person services didn’t violate consumer protection law

Posted on September 15, 2021 by rtushnet

Quintanilla v. WW Int’l, Inc., 2021 WL 2077935, No. 20 Civ. 6261 (PAE) (S.D.N.Y. May 24, 2021) Weight Watchers shut down in-person services due to the pandemic. Quintanilla alleged that WW’s cancellation of in-person services, and transition of its workshop … Continue reading →

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