Tag Archives: false advertising

Post-sale statements that prevent return of items can constitute advertising & promotion

Posted on April 2, 2018 by rtushnet

Boltex Manufacturing Co. v. Galperti, Inc., 2018 WL 1535199, No. H-17-1439 (S.D. Tex. Mar. 29, 2018) The parties compete in the market for carbon steel flanges.  Normalization is a heat treatment process that changes the physical composition of carbon steel … Continue reading →

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YouTube’s claims about allowing free speech are merely puffery, court holds

Posted on March 30, 2018 by rtushnet

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading →

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YouTube’s claims about allowing free speech are merely puffery, court holds

Posted on March 30, 2018 by rtushnet

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading →

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Open legal question doesn’t preclude fees award where manner of litigating is exceptional

Posted on March 30, 2018 by rtushnet

Tobinick v. Novella, 884 F.3d 1110 (11th Cir. 2018) The court of appeals held that the Octane Fitness standard for “exceptional cases” applied to Lanham Act cases, and that the District Court here didn’t abuse its discretion in awarding attorney’s … Continue reading →

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Walmart’s allegedly secret customer return blacklist could be misleading, unfair

Posted on March 30, 2018 by rtushnet

Maestas v. Wal-Mart Stores, Inc., No. 16-cv-02597-KJM-KJN, 2018 WL 1518762 (E.D. Cal. Mar. 28, 2018) Maestas allegedly bought a car battery from Wal-Mart that purportedly came with a replacement and refund warranty. When the battery malfunctioned and he tried to … Continue reading →

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reasonable consumers might not know just how big Apple iOS 8 is

Posted on March 30, 2018 by rtushnet

Orshan v. Apple Inc. 2018 WL 1510202, No. 14-cv-05659-EJD (N.D. Cal. Mar. 27, 2018) The plaintiffs bought iPhones and iPads with 16 GB capacity running earlier versions of iOS, which they later upgraded to iOS 8, which used anywhere from … Continue reading →

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Supplement review guide not disguised advertising despite cozy relationship with one manufacturer

Posted on March 27, 2018 by rtushnet

Ariix, LLC v. Nutrisearch Corp., No. 17CV320, 2018 WL 1456928 (S.D. Cal. Mar. 23, 2018) Ariix competes with Usana Health Sciences in the nutritional supplement market.  NutriSearch publishes the NutriSearch Comparative Guide to Nutritional Supplements, “a guide to nutritional products … Continue reading →

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Sock puppet reviews aren’t literally false absent additional non-identity literal falsity, court rules

Posted on March 19, 2018 by rtushnet

Nunes v. Rushton, No. 2:14-cv-00627, — F.Supp.3d —-, 2018 WL 1271446 (D. Utah Mar. 9. 2018) Every time I think I’ve seen it all, I’m reminded that humans are not only stranger than we imagine, they are stranger than we … Continue reading →

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Pop goes the kitty? registration and infringement are separate inquiries, court points out

Posted on March 13, 2018 by rtushnet

SportPet Designs Inc. v. Cat1st Corp., No. 17-CV-0554 (E.D. Wis. Mar. 2, 2018) SportPet sued Cat1st for patent, trademark, and copyright infringement and violations of Wisconsin’s Deceptive Trade Practices Act based on its sale of pet products such as play … Continue reading →

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unauthorized sale of model’s photos leads to internally inconsistent TM/ROP ruling

Posted on March 9, 2018 by rtushnet

Passelaigue v. Getty Images (US), Inc., 2018 WL 1156011, No. 16-CV-1362 (S.D.N.Y. Mar. 1, 2018) Elodie Passelaigue is a professional fashion model who sued under the Lanham Act, Washington state law, and New York law against Getty, Bill Diodato Photography, … Continue reading →

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