Tag Archives: false advertising

Target of TM takedown notices has Lanham Act standing to challenge automated notice provider’s ads claiming accuracy

Posted on June 19, 2023 by rtushnet

Unlimited Cellular, INC. v. Red Points Solutions SL, 2023 WL 4029824, No. 21-cv-10638 (NSR) (S.D.N.Y. Jun. 14, 2023) Unlimited, an “online non-authorized reseller of consumer products,” sued Red Points for defamation, tortious interference, and false advertising under state and federal … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

The fact/opinion divide: threat or menace? 9th Cir revives suit against Malwarebytes

Posted on June 6, 2023 by rtushnet

 Enigma Software Grp. USA, LLC v. Malwarebytes, Inc., No. 21-16466 (9th Cir. Jun. 2, 2023) Courts generally seem more likely to find falsifiability instead of puffery when a speaker makes negative claims about rivals rather than positive claims about itself. … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Mexican flag and “taste of Mexico” not enough to deceive reasonable consumers about non-Mexican origin, 2d Cir rules

Posted on May 23, 2023 by rtushnet

Hardy v. Olé Mexican Foods, Inc., 2023 WL 3577867, No. 22-1805 (2d Cir. May 22, 2023) (per curiam) There was a CD Cal case raising the same “false Mexican origin” claims with a different result. Hardy alleged that defendant’s La … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court: there’s no right to jury trial when seeking only injunction/disgorgement in false advertising case

Posted on May 22, 2023 by rtushnet

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2023 WL 3510374, No. 20-24681-Civ-Scola (S.D. Fla. May 17, 2023) The court grants these timeshare plaintiffs’ motion for a bench trial, ruling that the Seventh Amendment doesn’t guarantee a jury trial in … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

alleged price bait-and-switch with large “processing fee” suffices to plead Lanham Act false advertising

Posted on May 22, 2023 by rtushnet

New Vision Unlimited, LLC v. Glasses USA, Inc., 2023 WL 3535386, No. 22-22534-Civ-Scola (S.D. Fla. May 18, 2023) New Vision, an eye-care professional and provider of optical goods and services, including contact lens fittings and contact lens sales with seven … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Great balls of fire: lawsuit over malt sold looking nearly identical to whisky can continue

Posted on May 22, 2023 by rtushnet

McKay v. Sazerac Co., 23-cv-00522-EMC (N.D. Cal. May 17, 2023) The court rejected Sazerac’s motion to dismiss McKay’s usual California statutory and common law claims on behalf of a putative class based on Sazerac’s labeling and marketing of mini bottles … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court allows some claims based on allegedly misleading statistical claims for pregnancy test: Bayes’ Theorem in the courts

Posted on May 19, 2023 by rtushnet

In re Natera Prenatal Testing Litig., No. 22-cv-00985-JST, 2023 WL 3370737, — F. Supp. 3d – (N.D. Cal. Mar. 28, 2023) Natera sells Panorama, a noninvasive prenatal testing (“NIPT”) product which screens for an array of fetal chromosomal and genetic … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

courts continue to jack up materiality requirements; the Lanham Act and the death of common sense?

Posted on May 19, 2023 by rtushnet

Delta T LLC v. MacroAir Technologies, Inc., No. EDCV 20-1489-GW-JPRx, 2022 WL 19827572 (C.D. Cal. Nov. 18, 2022) MacroAir asserted – among other things – a counterclaim for false advertising under the Lanham Act. Of potential note: Plaintiff aka BAF … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

court doesn’t find consumer protection claim over “sweet cream” plausible without survey; dictionaries insufficient

Posted on May 19, 2023 by rtushnet

Sneed v. Ferrero U.S.A., Inc., — F.Supp.3d —-, No. 22 CV 1183, 2023 WL 2019049 (N.D. Ill. Feb. 15, 2023) Courts in consumer protection cases reject surveys with abandon when they don’t agree with the results, but may also demand … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

if an allegedly falsely advertised product isn’t useless, P may have standing to seek injunctive relief

Posted on May 19, 2023 by rtushnet

Perez v. Bath & Body Works, LLC, No. 21-cv-05606-BLF, 2023 WL 3467207 (N.D. Cal. May 15, 2023) Interesting analysis of standing for injunctive relief: Where the product is a useful one, the court finds standing based on a desire to … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment