Tag Archives: false advertising

Apple’s misleading use of “episode” to describe promo clips could lead to liability (w/o its contract)

Posted on March 20, 2019 by rtushnet

Zaragoza v. Apple Inc., 2019 WL 1171161, No. 18-cv-06139-PJH (N.D. Cal. Mar. 13, 2019) Plaintiffs sued Apple for how it sells TV seasons on its iTunes store. The home page for each season “provides general information about the season and … Continue reading →

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commercial speech requirement defeats Lanham Act claim against competing news channel

Posted on March 20, 2019 by rtushnet

Tang v. Guo, No. 17 Civ. 9031 (JFK), 2019 WL 1207859 (S.D.N.Y. Mar. 14, 2019) Plaintiff Tang is a political activist, author, and “one of the leading Chinese political dissidents.” He currently runs two pro-democracy nonprofit organizations and co-founded the … Continue reading →

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consumer successfully pleads falsity for “weight management” supplement

Posted on March 19, 2019 by rtushnet

Nathan v. Vitamin Shoppe, Inc., 2019 WL 1200554, No. 17-cv-01590-BEN-KSC (S.D. Cal. Mar. 12, 2019) Vitamin Shoppe sells Garcinia Cambogia Extract with a label promising “Weight Management” and “Appetite Control.” Nathan alleged that this was false and misleading, since GCE … Continue reading →

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supplement guide isn’t “advertising or promotion” under the Lanham Act, even w/undisclosed affiliation

Posted on March 15, 2019 by rtushnet

Ariix, LLC v. NutriSearch Corp., 2019 WL 1040135, No. 17CV320-LAB (BGS) (S.D. Cal. Mar. 5, 2019) Previous iteration discussed here. Arrix competes fiercely with Usana in the nutritional supplement market.  NutriSearch publishes the NutriSearch Comparative Guide to Nutritional Supplements, a … Continue reading →

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False advertising & TM fail as workarounds to 230 for software blocking

Posted on March 14, 2019 by rtushnet

PC Drivers Headquarters, LP v. Malwarebytes Inc., 2019 WL 1061739, No. 18-cv-05409-EJD (N.D. Cal. Mar. 6, 2019) PC Drivers alleged that Malwarebytes’ malware detection software wrongfully categorized PC Drivers’ “technical support” software as malware or a “Potentially Unwanted Program” (PUP), … Continue reading →

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“local” is falsifiable but relative, meaning damages for false advertising must be limited

Posted on March 14, 2019 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, 2019 WL 1058234, No. 13-cv-00749 (D. Utah Mar. 5, 2019) Previously, Bimbo won a false advertising claim in front of a jury against U.S. Bakery for trade secret misappropriation and for falsely advertising its … Continue reading →

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Omission of side effects in lash “cosmetic” ads was plausibly false & misleading

Posted on March 4, 2019 by rtushnet

Lewis v. Rodan & Fields, LLC, 2019 WL 978768, No. 18-cv-02248-PJH (N.D. Cal. Feb. 28, 2019) Nine plaintiffs brought a putative class action alleging that defendant Rodan failed to disclose that its Enhancement Lash Boost eye serum, advertised as a … Continue reading →

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Selling copyright-infringing content isn’t trademark infringement or false advertising

Posted on February 25, 2019 by rtushnet

Joint Stock Co.“Channel One Russia Worldwide” v. Russian TV Co., 2019 WL 804506, No. 18 Civ. 2318 (LGS) (S.D.N.Y. Feb. 21, 2019) Channel One produces and broadcasts TV programming in the Russian Federation and its neighboring states, and granted third … Continue reading →

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Second Circuit summarily reverses bad Prevagen decision on statistical proof

Posted on February 21, 2019 by rtushnet

FTC v. Quincy Bioscience Holding Co., 17-3745-cv(L) (2d. Cir. Feb. 21, 2019) Quincy sold Prevagen dietary supplements, claiming (1) that the supplements improve memory and provide other cognitive benefits, (2) that these effects are clinically proven, and (3) that the … Continue reading →

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Allegedly rigged “review” site was commercial speech, but falsity still not pled

Posted on February 13, 2019 by rtushnet

GOLO, LLC v. Higher Health Network, LLC, No. 18-cv-2434-GPC-MSB, 2019 WL 446251 (S.D. Cal. Feb. 5, 2019) GOLO sells a weight loss program and a proprietary supplement to help promote weight loss. HHN defendants published a review of this supplement, … Continue reading →

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