Tag Archives: false advertising

sending DMCA notices about uncopyrightable work might be willful blindness, or not

Posted on September 17, 2025 by rtushnet

Leszczynski v. Kitchen Cube LLC, 2025 WL 2551098, No. 8:23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 4, 2025) Previous discussion. I find this case interesting because of the underlying gadget, the Kitchen Cube, which has depressions on different sides corresponding to different standard … Continue reading →

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2021 statements, even if false, not plausibly connected to 2024 sales loss

Posted on September 17, 2025 by rtushnet

Trilogy Federal, LLC v. CivitasDX LLC, No. 24-2713, No. 25-792, 2025 WL 2651240 (D.D.C. Sept. 16, 2025) Just looking at the false advertising-related aspects of a complicated dispute. The parties sought to sell things to the government, specifically the VA. … Continue reading →

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general competitor has Lanham Act standing even if it doesn’t compete in alleged false advertiser’s subcategory

Posted on September 4, 2025 by rtushnet

Colorado Biolabs, Inc. v. Three Arrows Nutra, LLC, No. 3:25-CV-0601-D, 2025 WL 2524313 (N.D. Tex. Sept. 2, 2025) CBL sued Three Arrows for breach of a settlement agreement and related claims; Three Arrows counterclaimed along similar lines. The parties sell … Continue reading →

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3d Circuit affirmance shows that false advertising damages remain hard to prove

Posted on September 2, 2025 by rtushnet

CareDX, Inc. v. Natera, Inc., 2025 WL 2480117, No. 23-2427, No. 23-2428 (3d Cir. Aug. 28, 2025) The court of appeals affirms the district court in this Lanham Act/coordinate Delaware state law case based on allegedly false claims Natera made … Continue reading →

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keyword ad claim fails out of the gate, but bad (c) claim not yet challenged

Posted on September 2, 2025 by rtushnet

Regalo Int’l LLC v. Aborder Prods. Inc, 2025 WL 2483167, No. 3:24-CV-03270-E (N.D. Tex. Aug. 28, 2025) Eric Goldman on the keyword ad aspects of this case about pet and baby gates. Regalo alleged that Aborder sold “knock-offs of Plaintiffs’ … Continue reading →

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9th Circuit finds laches in false advertising case

Posted on August 25, 2025 by rtushnet

World Nutrition Inc. v. Advanced Supplementary Tech. Corp., 2025 WL 2427613, No. 24-4976 (9th Cir. Aug. 22, 2025) Over a partial dissent, the court of appeals reverses the district court’s refusal of a laches defense in this false advertising case, … Continue reading →

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literal falsity wasn’t enough without evidence of lost sales or harm to goodwill

Posted on August 21, 2025 by rtushnet

G. W. Aru, LLC v. W. R. Grace & Co.-Conn., No. JKB-22-2636, 2025 WL 2402194 (D. Md. Aug. 19, 2025) Previous decision resolving some pretrial issues; this opinion comes after a bench trial, which resulted in a ruling for defendant … Continue reading →

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class certification partly granted in Tesla self-driving case

Posted on August 21, 2025 by rtushnet

In Re Tesla Advanced Driver Assistance Systems Litig., No. 22-cv-05240-RFL, 2025 WL 2391446 (N.D. Cal. Aug. 18, 2025) While not adopting all plaintiffs’ arguments, the court certifies a limited class to challenge Tesla’s full self-driving claims. I’m going to omit … Continue reading →

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drug company plausibly alleged confusion about partnership but not falsity of “same drug” claims about Canadian imports

Posted on August 18, 2025 by rtushnet

AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2025 WL 2374490 (N.D. Ill. Aug. 15, 2025) AbbVie sells the specialty drugs Humira, Skyrizi, and Rinvoq. Payer Matrix is “an alternative funding provider that works with self-funded health plans … Continue reading →

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court finds unique tracking of units of fluoride products immaterial even if vaguely safety-related

Posted on August 12, 2025 by rtushnet

Method Pharmaceuticals, LLC v. H2-Pharma, LLC, 2025 WL 2298395, No. 2:20-cv-753-ECM (M.D. Ala. Aug. 8, 2025) Method asked the court to reconsider its ruling granting summary judgment on certain false advertising claims to H2, which sells a fluoride product as … Continue reading →

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