Tag Archives: false advertising

naked licensing could constitute false advertising of origin

Posted on April 7, 2026 by rtushnet

Epson America, Inc. v. Global Aiptek Inc., 2025 WL 4631973, No. 8:23-cv-00222-FWS-DFM (C.D. Cal. Dec. 17, 2025) Epson alleged that defendant GAI purposefully and deceptively inflated the lumen and brand specifications of its projectors in violation of the Lanham Act … Continue reading →

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lack of harm allegations beyond “direct competition plus customer inquiries” insufficient for false advertising standing

Posted on April 6, 2026 by rtushnet

Kalmbach Feeds, Inc. v. Purina Animal Nutrition, LLC, 2026 WL 598608, No. 2:25-cv-00617 (S.D. Ohio Mar. 4, 2026) Previously. Kalmbach sued Defendant Purina for false advertising under state and federal law in connection with its Farm to Flock chicken feed, … Continue reading →

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court gives guidance on disclaimer placement, AI alterations in enforcement proceeding

Posted on April 3, 2026 by rtushnet

InSinkErator LLC v. Joneca Company LLC, 2025 WL 4631972, No. 8:24-cv-02600-JVS-ADS (C.D. Cal. Nov. 24, 2025) Previous discussion of this false advertising case. In a separate order, the court deals with other compliance issues than those below. It rejects the … Continue reading →

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delay still defeats Lanham Act presumption of irreparable harm

Posted on April 3, 2026 by rtushnet

Skillz Platform Inc. v. Voodoo SAS, 2026 WL 717220, No. 24-CV-4991 (VSB) (JW) (S.D.N.Y. Feb. 12, 2026) Skillz sought an injunction against defendants’ allegedly false representations about not using bots, and against defendants’ use of bots, in their gaming applications. … Continue reading →

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damages requirement trips up another false advertising case with sophisticated customers

Posted on April 3, 2026 by rtushnet

Agilent Technologies, Inc. v. Axion Biosystems, Inc., 2026 WL 734986, No. 23-198-CJB (D. Del. Mar. 12, 2026) Agilent alleged patent infringement and false advertising by Axion in the advertising of its impedance-based cell assay products. E.g., “The simple and sensitive … Continue reading →

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drug makers face rocky road in making claims against sellers of compounded weight loss drugs

Posted on April 2, 2026 by rtushnet

Three different cases reading Lexmark differently but mostly kicking out claims: Eli Lilly & Co. v. Aios, Inc., 2026 WL 836624, No. 25-cv-03535-HSG (N.D. Cal. Mar. 26, 2026) Eli Lilly sells Mounjaro and Zepbound, GLP-1 inhibitors containing tirzepatide. These are the … Continue reading →

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CEO/sole owner is liable to bankruptcy estate for deliberate false advertising campaign that ended in bankruptcy

Posted on April 2, 2026 by rtushnet

In re Vital Pharmaceuticals, Inc. (VPX Liquidating Trust v. Owoc), 2026 WL 822473, No. 22-17842-PDR, Adv. Pro. No. 24-01009-PDR (Bkrcy. S.D. Fla. Mar. 24, 2026) This is an interesting case about false advertising and individual officer liability in bankruptcy. The … Continue reading →

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court dismisses vague false advertising counterclaims but allows challenge to Wonderful’s pistachio trade dress

Posted on April 2, 2026 by rtushnet

Wonderful Co. v. Nut Cravings Inc., No. 1:21-cv-03960 (MKV), 2026 WL 818073 (S.D.N.Y. Mar. 24, 2026) Wonderful sued Nut Cravings for infringing its pistachio package trade dress. This opinion deals only with Nut Cravings’ counterclaims, which mostly survive except for … Continue reading →

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Meta’s AI assistance to advertisers defeats Section 230, court says

Posted on April 2, 2026 by rtushnet

Bouck v. Meta Platforms, Inc., No. 25-cv-05194-RS (N.D. Cal. Mar. 24, 2026)  Does offering AI enhancements to deceptive ads constitute participating in what makes them illegal for purposes of avoiding section 230? This case answers “yes, relatively easily” and it … Continue reading →

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CA6 interprets literal falsity narrowly but says materiality implements the standing requirement, yay

Posted on April 1, 2026 by rtushnet

Victory Global, LLC v. Fresh Bourbon, LLC, — F.4th —-, 2026 WL 836221, No. 25-5173 (6th Cir. Mar. 26, 2026) Lower court decision discussed here. Victory Global, d/b/a Brough Brothers claims to have become the “first” African American-owned company to … Continue reading →

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