Tag Archives: false advertising

Cal. court says “controversial” claim is therefore not factual

Posted on March 3, 2020 by rtushnet

Serova v. Sony Music Entertainment, 44 Cal.App.5th 103 (2020) Hard to believe the reasoning in this case could get worse, but they may have achieved it. The California Supreme Court told the court of appeals to reconsider its earlier decision … Continue reading →

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Even in default, damages must still be shown

Posted on February 18, 2020 by rtushnet

NITV Fed. Servs., LLC v. Dektor Corp., 2019 WL 7899731 No. 18-80994-Civ-Brannon (S.D. Fla. Dec. 16, 2019) This is a default judgment, but it still has interesting bits. The parties compete to sell truth verification technology, which will become ironic. … Continue reading →

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“Kids” in product name represents that product is safe for children to use

Posted on February 18, 2020 by rtushnet

Mirza v. Ignite USA, LLC, 2020 WL 704791, No. 19 C 5836 (N.D. Ill. Feb. 12, 2020) Ignite sells reusable beverage containers, coffee mugs, water bottles, and kids’ cups under the Contigo brand name. Plaintiffs bought Contigo Kids Cleanable Water … Continue reading →

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when you buy a business whose mark is the owner’s photo, make sure you get all the rights

Posted on February 15, 2020 by rtushnet

Minott v. Wichita Water Conditioning, Inc., No. 18-cv-01656-MSK-SKC, 2020 WL 616359 (D. Colo. Feb. 7, 2020) Minott used to own Fluid, which operated a water conditioning business under the trade name Chuck, The Water Man. Fluid made extensive use of … Continue reading →

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Judge Alsup seems to think cosmetic mask claims are false

Posted on January 24, 2020 by rtushnet

Miller v. Peter Thomas Roth, LLC, 2020 WL 363045, No. C 19-00698 WHA (N.D. Cal. Jan. 22, 2020) OK, he doesn’t say so outright, but wait for the bit about the in-court demonstration he expects. Defendants PTR Labs sell “specialty … Continue reading →

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Malwarebytes: same result, new puzzles on remand for 230 immunity

Posted on January 6, 2020 by rtushnet

Enigma Software Group USA, LLC v. Malwarebytes, Inc., — F.3d —-, 2019 WL 7373959, No. 17-17351 (9th Cir. Dec. 31, 2019) New opinion, same result; no rehearing en banc. Because the parties are competitors, §230 does not provide Malwarebytes with … Continue reading →

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another timeshare exit company can be sued under state law, but not Lanham Act

Posted on January 6, 2020 by rtushnet

Orange Lake Country Club, Inc. v. Reed Hein & Assoc., LLC, 2019 WL 7423517, No: 6:17-cv-1542-Orl-78DCI (M.D. Fla. Oct. 4, 2019) Another timeshare case, this one kicking out Lanham Act claims but not FDUTPA deceptive practices claims on proximate cause. … Continue reading →

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“most experienced” is puffery, but misrepresenting degree of responsibility for projects could be false

Posted on January 2, 2020 by rtushnet

Cypress Advisors, Inc. v. Davis, 2019 WL 7290948, No. 17-cv-01219-MSK-KLM (D. Colo. Aug. 28, 2019) Cypress provides financial advice to clients in the franchise restaurant industry. Defendant Kent Davis used to work there, but he left and started a competing … Continue reading →

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“diet” isn’t misleading for soda even if surveys say it is

Posted on January 1, 2020 by rtushnet

Becerra v. Dr Pepper/Seven Up, Inc., 2019 WL 7287554, No. 18-16721 (9th Cir. Dec. 30, 2019) Becerra alleged that Dr Pepper violated the usual California consumer-fraud laws by branding Diet Dr Pepper using the word “diet.” She cited dictionary definitions … Continue reading →

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Competitor’s Google review accusing P of “scam” was nondefamatory opinion

Posted on January 1, 2020 by rtushnet

Creditors Relief LLC v. United Debt Settlement LLC, 2019 WL 7288978, No. 17-7474 (D.N.J. Dec. 30, 2019) Plaintiff CR is a New Jersey-based debt settlement company that has allegedly “received significant publicity and an A+ rating from the Better Business … Continue reading →

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