Tag Archives: false advertising

court allows false advertising claim based on manipulation of Amazon’s “variation” system

Posted on October 7, 2025 by rtushnet

Corsair Gaming, Inc. v. Choice Electronics Inc., 2025 WL 2822691, No. 5:25-cv-00045-BLF (N.D. Cal. Oct. 3, 2025) Corsair sued Choice for alleged infringement by selling used, unauthorized, or counterfeit Corsair computer/gaming products. This opinion deals with Choice’s counterclaims. The false … Continue reading →

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court rejects affiliation confusion theory for lack of harm, declines to order tarps over P’s goods

Posted on October 6, 2025 by rtushnet

Survitec Survival Prods., Inc. v. Fire Protection Service, Inc., 2025 WL 2782332, No. H-21-312 (S.D. Tex. Sept. 30, 2025) This case demonstrates exactly why harm to the plaintiff should be explicitly a part of a trademark case that relies on … Continue reading →

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Second Circuit reverses literal falsity finding based on dispute over meaning of “brand”

Posted on October 6, 2025 by rtushnet

Zesty Paws LLC v. Nutramax Laboratories, Inc., — F.4th —-, No. 24-1810, 2025 WL 2810078 (2d Cir. Oct. 3, 2025) The court of appeals reverses the district court opinion discussed here, which had granted a preliminary injunction on Zesty’s Lanham … Continue reading →

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A couple of Third Circuit amicus briefs (AI training and false advertising harm)

Posted on October 3, 2025 by rtushnet

Thomson Reuters v. Ross, arguing that training is fair use. With Edward Lee of Santa Clara Law, Matthew Sag of Emory University, Pamela Samuelson of UC Berkeley School of Law, Christopher John Sprigman of New York University School of Law. And an … Continue reading →

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We have (less of) the meats: court mostly denies Arby’s motion to dismiss in misleading photos case

Posted on October 1, 2025 by rtushnet

Alongis v. Arby’s Restaurant Group, Inc., 2025 WL 2772810, 2:23-cv-6593 (NJC) (LGD) (N.D.N.Y. Sept. 29, 2025) The court declines to dismiss claims under the NY GBL that Arby’s photographs misrepresented (1) whether its roast beef was rare rather than fully … Continue reading →

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court dismisses popcorn calorie/slack fill claims for failure to account for popcorn’s compressibility

Posted on October 1, 2025 by rtushnet

Borgen v. Hershey Salty Snack Sales Co., 2025 WL 2753734, No. 24-cv-1635-BJC-JLB (S.D. Cal. Sept. 2, 2025) I just like the facts here: Plaintiffs alleged that defendants’ SkinnyPop popcorn has too much slack fill. In particular, they alleged that the … Continue reading →

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Audible’s expiring credits covered by Washington’s gift certificate law, court rules

Posted on September 30, 2025 by rtushnet

Hollis v. Audible, Inc., 2025 WL 2689123, No. 2:24-cv-01999-TL (W.D. Wash. Sept. 19, 2025) State consumer protection laws sometimes address very specific topics; this case addresses the intersection of one such law with Audible’s membership, which provides customers (including me) … Continue reading →

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pharmacos face judicial resistance to claims against compounding pharmacies for weight loss drugs

Posted on September 29, 2025 by rtushnet

Three cases showing aspects of the challenges, only one of which even partially survives: Novo Nordisk, Inc. v. Brooksville Pharm. Inc., 785 F.Supp.3d 1123 (M.D. Fla. 2025) Novo Nordisk sells FDA-approved drugs containing semaglutide, Wegovy, Ozempic, and Rybelsus. Brooksville is … Continue reading →

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“tasting like a smooth whisky” is not a disclosure that there’s no whisky in the bottle

Posted on September 22, 2025 by rtushnet

Pizzaro v. Sazerac Co., 2025 WL 2682673, No. 23-CV-2751 (KMK), No. 23-CV-4323 (KMK) (S.D.N.Y. Sept. 18, 2025) The court certifies a class of purchasers alleging deception in their purchases of Fireball and Parrot Bay malt beverage (16.5% ABV) that looked … Continue reading →

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mislabeling nut ingredients doesn’t justify class action because not everyone has nut allergies

Posted on September 17, 2025 by rtushnet

Fukaya v. Daiso California LLC, No. 23-cv-00099-RFL, 2025 WL 2644747 (N.D. Cal. Sept. 15, 2025) Fukaya, who is allergic to tree nuts, alleged that Daiso failed to properly label its pre-packaged food products as containing tree nuts on its English-language … Continue reading →

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