Tag Archives: false advertising

Allegations of patent infringement could be defamatory but not false advertising

Posted on April 26, 2019 by rtushnet

GeigTech East Bay LLC v. Lutron Electron. Co., 2019 WL 1768965, No. 18 Civ. 5290 (CM) (S.D.N.Y. Apr. 4, 2019) “What started as a garden-variety intellectual property dispute has morphed into something less conventional.” GeigTech initially sued Lutron, alleging that … Continue reading →

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advertisers’ claim against Google for insufficient credits for bad clicks continues

Posted on April 26, 2019 by rtushnet

Adtrader, Inc. v. Google LLC, 2019 WL 1767206, No. 17-cv-07082-BLF (N.D. Cal. Apr. 22, 2019) Advertisers buy ad space on Google’s AdX, while website publishers (or network partner managers (NPMs) who act for them) use AdX to sell ad space … Continue reading →

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Allegedly defamatory claims in e-recycling report weren’t commercial speech despite some economic incentive

Posted on April 11, 2019 by rtushnet

Electronic Recycling Ass’n v. Basel Action Network, 2019 WL 1453575, No. C18-1601-MJP (W.D. Wash. Apr. 2, 2019) Plaintiff ERA is a Canadian non-profit corporation that specializes in recovering, refurbishing, and reusing discarded electronic equipment or “e-waste.” When it determines that … Continue reading →

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Literal falsity about independence of tests/test results supports $18 million in disgorgement (incl. interest)

Posted on April 11, 2019 by rtushnet

Dyson, Inc. v. SharkNinja Operating LLC, 2019 WL 1454509, No. 14 C 9442 (N.D. Ill. Mar. 31, 2019) Dyson sued SharkNinja in 2014 for false advertising.  SharkNinja won summary judgment except for Dyson’s literal falsity claim for the period from … Continue reading →

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statements about patent license status can violate Lanham Act’s false advertising provisions

Posted on April 9, 2019 by rtushnet

Au New Haven, LLC v. YKK Corp., No. 15-cv-3411-GHW-SN, 2019 WL 1437516 (S.D.N.Y. Mar. 31, 2019) Au holds the patent to a water-resistant zipper, and YKK had an exclusive “field of use” license that it allegedly exceeded, resulting in this … Continue reading →

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Gerber Good Start off to a bad start in false advertising/allergy case

Posted on April 4, 2019 by rtushnet

Hasemann v. Gerber Products Co., 2019 WL 1434263, Nos. 15-CV-2995 (MKB) (RER), 16-CV-1153 (MKB) (RER), 17-CV-93 (MKB) (RER) (E.D.N.Y. Mar. 31, 2019) Hasemenn  alleged that Gerber misrepresented that its “Good Start Gentle” infant formula was the first and only formula … Continue reading →

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Variation in supplement bottle contents defeats consumer protection claim

Posted on April 2, 2019 by rtushnet

Gaminde v. Lang Pharma Nutrition, Inc., 2019 WL 1338724, No. 18-cv-300 (GLS/DEP) (N.D.N.Y. Mar. 25, 2019) Gaminde alleged that CVS Krill Oil contains only approximately sixty percent of the 300mg of Omega-3 Krill Oil represented by the label, citing “independent … Continue reading →

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NY false food labeling law still exists despite being old

Posted on April 2, 2019 by rtushnet

Warner v. StarKist Co., 2019 WL 1332573, No. 18-cv-406 (GLS/ATB) (N.D.N.Y. Mar. 25, 2019) Warner survived a motion to dismiss his claims for deceptive practices, false advertising, dealing in misbranded food, and unjust enrichment, under New York law, based on … Continue reading →

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Fifth Circuit upholds denial of disgorgement despite willfulness & some sales diversion

Posted on April 2, 2019 by rtushnet

Retractable Technologies, Incorporated v. Becton Dickinson & Co., — F.3d —-, 2019 WL 1346002, No. 17-40960 (5th Cir. Mar. 26, 2019) “A jury found that Becton Dickinson & Co. falsely advertised its products for years. The district court determined that … Continue reading →

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smells bad? 9th Circuit approves tuna voucher settlement as not a coupon settlement

Posted on April 1, 2019 by rtushnet

Hendricks v. Ference, 754 Fed.Appx. 510 (9th Cir. 2018) Objectors appealed the approval of a class action settlement over the alleged under-filling of Starkist tuna cans; over a partial dissent, the court of appeals affirmed. In particular, the court affirmed … Continue reading →

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