Tag Archives: false advertising

fine print won’t necessarily fix misleading comparison

Posted on September 4, 2019 by rtushnet

Asurion, LLC v. SquareTrade, Inc., 2019 WL 4142154, No. 18-cv-01306 (M.D. Tenn. Aug. 30, 2019) The parties compete to provide extended warranties for mobile phones. Typically, wireless carriers bundle Asurion’s insurance with an extended warranty and technical support and sell … Continue reading →

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benefit of the bargain damages can be measured by cost of repair in car class action

Posted on August 29, 2019 by rtushnet

Nguyen v. Nissan North America, Inc., 932 F.3d 811 (9th Cir. 2019) Nguyen bought a new 2012 Nissan 370Z with an allegedly potentially catastrophic design defect hidden in the vehicle’s hydraulic clutch system. “After the clutch purportedly malfunctioned—and Plaintiff spent … Continue reading →

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failure to disclose vaping’s extra risks over smoking could be deceptive; no arbitration for Juul

Posted on August 28, 2019 by rtushnet

Colgate v. Juul Labs, Inc., 2019 WL 3997459, No. 18-cv-02499-WHO (N.D. Cal. Aug. 23, 2019) Juul makes e-cigarettes and nicotine cartridges/pods. “Plaintiffs seek to represent a nationwide class and numerous subclasses in claims for false advertising, fraud, unjust enrichment, several … Continue reading →

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Dastar bars Lanham Act claims against unauthorized copying of photo for album cover

Posted on August 27, 2019 by rtushnet

Patterson v. Diggs, No. 18-CV-03142 (NSR), 2019 WL 3996493 (S.D.N.Y. Aug. 23, 2019) Patterson is “an internationally known photographer” who took photos of “a nickel-silver casing created by nonparty Moroccan company Yahya Creation” without a written contract and without being … Continue reading →

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first sale doesn’t cover hardware w/embedded licensed software, but maybe Cisco misrepresented whether a license existed

Posted on August 26, 2019 by rtushnet

Cisco Systems, Inc. v. Beccela’s Etc., LLC, 2019 WL 3944986, No. 18-cv-00477-BLF (N.D. Cal. Aug. 21, 2019) Cisco offers various supports for its networking products, including a warranty program (from 90 days to lifetime) and a “more comprehensive suite of … Continue reading →

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self-granted star ratings were textbook puffery where claimed features were general

Posted on August 26, 2019 by rtushnet

Knowles v. Arris International PLC, No. 17-CV-01834-LHK, 2019 WL 3934781 (N.D. Cal. Aug. 20, 2019) Plaintiffs brought a class action based on Arris’s alleged failure to disclose defects with its SB6190 cable modem. After the court certified a California class, … Continue reading →

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fake online review by competitor wasn’t advertising/promotion, 10th Circuit says

Posted on August 16, 2019 by rtushnet

Wilson v. AdvisorLaw LLC, — Fed.Appx. —-, 2019 WL 3819604, No. 18-1441 (10th Cir. Aug. 15, 2019) Wilson, a lawyer, had a relationship with AdvisorLaw that ended badly in November 2016. Later that day, a “Patrick Erickson,” allegedly from New … Continue reading →

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a made-up credential implying a doctorate is inherently misleading

Posted on August 15, 2019 by rtushnet

Wilson v. Ohio State Chiropractic Board, 2019 WL 3801546, No. 18AP-739, 2019 -Ohio- 3243 (Ct. App. Aug. 13, 2019) The Board disciplined Wilson for deceptive advertising, and the court of appeals upheld the discipline.  Two bits of interest: (1) Wilson … Continue reading →

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Kellogg’s un-FDAMA-approved health claim was “unlawful” under UCL

Posted on August 15, 2019 by rtushnet

Hadley v. Kellogg Sales Co., 2019 WL 3804661, No. 16-CV-04955-LHK (N.D. Cal. Aug. 13, 2019) An important reminder that California’s UCL makes “unlawful” conduct a violation even without separate consumer deception (although consumer belief may be important for damages causation).  … Continue reading →

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statements about guest’s supposed misbehavior at fan convention aren’t actionable under Lanham Act

Posted on August 12, 2019 by rtushnet

Alexander v. Falk, 2019 WL 3717802, No. 16-cv-02268-MMD-GWF (D. Nev. Aug. 7, 2019) Randi Alexander and Jackson Young sued a bunch of entities mostly for defamation and disparagement under federal and Nevada laws. “Alexander is an erotic romance novelist and … Continue reading →

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