Tag Archives: false advertising

paying a referral fee is a consumer injury, not a competitor injury, for Lanham Act standing purposes

Posted on April 20, 2023 by rtushnet

Lewis v. Acuity Real Estate Services, LLC, 63 F.4th 1114 (6th Cir. 2023) Acuity operates a website that connects people looking to buy or sell homes with a local real-estate agent in their area. Acuity offers its services for free … Continue reading →

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Press release touting preliminary injunction can found false advertising counterclaims

Posted on April 18, 2023 by rtushnet

Zest Anchors, LLC v. Geryon Ventures, LLC, 2023 WL 2903668, No. 22-CV-230 TWR (NLS) (S.D. Cal. Apr. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade … Continue reading →

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Monster wins permanent injunction against VPX in false advertising case

Posted on April 18, 2023 by rtushnet

Monster Energy Co. v. Vital Pharmaceuticals, Inc., 2023 WL 2918724, No. EDCV 18-1882 JGB (SHKx) (C.D. Cal. Apr. 12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in … Continue reading →

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timeshare exit firm wins fee award where plaintiff failed to show key elements of claim

Posted on April 17, 2023 by rtushnet

Club Exploria, LLC v. Aaronson, Austin, P.A., 2022 WL 19479011, No 6:18-cv-576-JA-DCI (M.D. Fla. Nov. 4, 2022) (R&R) “[F]ew parties are as adversarial—or as litigious—as timeshare developers and timeshare exit companies.” Plaintiffs, timeshare developers, sued defendants, a timeshare exit law … Continue reading →

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Agency liability theory satisfies “commercial advertising or promotion” requirement of promoting one’s own products/services

Posted on April 17, 2023 by rtushnet

Ariix, LLC v. Nutrisearch Corp., 2023 WL 2933306, No. 17CV320-LAB (DDL) (S.D. Cal. Apr. 13, 2023) Previous court of appeals ruling discussed here. Ariix alleged that NutriSearch, the publisher of the NutriSearch Comparative Guide to Nutritional Supplements, and the Guide’s … Continue reading →

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even if retailer is responsible for price premium, misleading label is actionable

Posted on April 17, 2023 by rtushnet

DiGiacinto v. RB Health (US) LLC, — F.Supp.3d —-, 2023 WL 2918745, No. 22-cv-04690-DMR (N.D. Cal. Apr. 11, 2023) Plaintiff alleged that Children’s Delsym Cough Relief was misleadingly marketed as different from, and more expensive than, the adult product, when … Continue reading →

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Even in default, it’s not TM infringement to resell legitimate goods (but maybe false advertising to call them new)

Posted on April 17, 2023 by rtushnet

Quincy Bioscience, LLC v. BRYK Enters., LLC, 2023 WL 2933464, No. 22-cv-658-jdp (W.D. Wis. Apr. 13, 2023) I don’t usually blog default cases because there’s usually little legal analysis; this case is an exception around the fraught area of first … Continue reading →

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lidocaine suits find pain point as judge dismisses claim

Posted on April 4, 2023 by rtushnet

 Prescott v. Rite Aid Corp., — F.Supp.3d —-, 2023 WL 2753899, No. 22-cv-05798-VC (N.D. Cal. Apr. 3, 2023) Breaking with several previous cases, this court holds that Rite Aid’s “Maximum Strength Pain Relief Lidocaine Patches” with 4% aren’t misleading even … Continue reading →

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consumer survey can’t make a scientifically wrong use of a term right

Posted on April 3, 2023 by rtushnet

Gunaratna v. Dennis Gross Cosmetology LLC, No. CV 20-2311-MWF (GJSx), 2023 WL 2628620 (C.D. Cal. Mar. 15, 2023) Plaintiff challenged defendant’s “C + Collagen” claim as falsely indicating that its product actually contained collagen.   Defendant wants to make this … Continue reading →

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lidocaine patch, allegedly not “maximum strength,” gives Walmart some pain

Posted on April 3, 2023 by rtushnet

Rodriguez v. Walmart Inc., 2023 WL 2664134, 22-CV-2991 (JPO) (S.D.N.Y. Mar. 28, 2023) This is another lidocaine lawsuit finding that plaintiffs stated a claim under New York’s GBL based on allegedly false advertising that Walmart’s patches and creams deliver a … Continue reading →

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