Tag Archives: false advertising

“use in a TM way” just creates another fact issue in the 6th circuit

Posted on October 4, 2019 by rtushnet

Ford Motor Co. v. InterMotive, Inc., No. 17-CV-11584-TGB, 2019 WL 4746811 (E.D. Mich. Sept. 30, 2019) Ford sued InterMotive for trademark infringement, false designation of origin, trademark dilution, cancelation of trademark registration, and declaratory judgment for using Ford’s trademarks in … Continue reading →

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Allergan gets small damages award in case against compounder

Posted on September 26, 2019 by rtushnet

Allergan USA, Inc. v. Imprimis Pharmaceuticals, Inc., 2019 WL 4546897, No. 17-cv-01551-DOC-JDE (C.D. Cal. Aug. 2, 2019) Previous discussion of liability issues in this pharmaco v. compounder false advertising case. After the court awarded partial summary judgment to Allergan (falsity … Continue reading →

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chilling effect: competitor’s name in text of keyword ad requires extreme care

Posted on September 26, 2019 by rtushnet

TSI Prods., Inc. v. Armor All/STP Prods. Co., 2019 WL 4600310, Nos. 17-cv-01131, 18-cv-1682 (MPS) (D. Conn. Sept. 23, 2019) TSI sued defendants for trademark infringement, unfair competition, and false advertising under the Lanham Act; for Sherman Act violations; and … Continue reading →

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scientific debates can ordinarily be resolved in false advertising cases

Posted on September 23, 2019 by rtushnet

Pax Water Technologies, Inc. v. Medora Corp., 2019 WL 4390567, No. LA CV18-09143 JAK (AGRx) (C.D. Cal. Aug. 5, 2019) The parties compete in the market for water treatment technologies for municipalities, public water agencies and districts, and private parties. … Continue reading →

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“Hawaiian” plus imagery isn’t deceptive indication of origin (or is it?)

Posted on September 23, 2019 by rtushnet

Maeda v. Kennedy Endeavors, Inc., No. 18-00459 JAO-WRP, 2019 WL 4544272 (D. Hawai’i Sept. 19, 2019) Kennedy sells “Hawaiian” brand snacks; plaintiffs alleged that the name and packaging misled them into thinking that the snacks were made in Hawai’i from … Continue reading →

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Southern Poverty Law Center’s “hate group” designation isn’t false advertising, false association

Posted on September 23, 2019 by rtushnet

Coral Ridge Ministries Media, Inc. v. Amazon.com, Inc., No. 17cv566-MHT, 2019 WL 4547064 (M.D. Ala. Sept. 19, 2019) Coral Ridge sued the Southern Poverty Law Center (SPLC), Amazon.com, and the AmazonSmile Foundation. It alleged that, “because of its religious opposition … Continue reading →

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coconut milk could mislead by claiming “no cholesterol” where it’s too high fat for that label

Posted on September 20, 2019 by rtushnet

Marshall v. Danone US, Inc., No. 19-cv-01332-RS, 2019 WL 4509045, — F. Supp. 3d — (N.D. Cal. Sept. 13, 2019) Marshall brought a putative class action alleging false advertising (the usual California claims) against Silk coconut milk, which on its … Continue reading →

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Not worth a hill of beans: can label showing mound of beans plausibly misleads

Posted on September 16, 2019 by rtushnet

Beckman v. Arizona Canning Co., 2019 WL 4277393, No. 16-cv-02792-JAH-BLM (S.D. Cal. Sept. 9, 2019) If the can shows lots of whole, plump beans, but the ingredients list puts water first, is there a plausible deception claim? The court here … Continue reading →

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9th Circuit drives big hole through 230(c)(2) immunity

Posted on September 13, 2019 by rtushnet

Enigma Software Group USA, LLC v. Malwarebytes, Inc., — F.3d —-, 2019 WL 4315152, No. 17-17351 (9th Cir. Sept. 12, 2019) Section 230(c)(2) “immunizes computer-software providers from liability for actions taken to help users block certain types of unwanted, online … Continue reading →

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Even more cocaine

Posted on September 6, 2019 by rtushnet

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 4168958, No. 18-cv-07603-WHO (N.D. Cal. Sept. 3, 2019) Pleading survey evidence of misleadingness can be pretty helpful, but it can’t help you past theories that target the wrong defendant. Discussion of … Continue reading →

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