Tag Archives: false advertising

Are Crocs’ uniqueness claims a crock?

Posted on October 2, 2017 by rtushnet

Crocs, Inc. v. Effervescent, Inc., No. 06-cv-00605, 2017 WL 4286148 (D. Colo. Sept. 25, 2017) Crocs makes molded clogs, and Dawgs is a competitor. Allegedly, “[e]ach and every functional feature disclosed in the [’858] patent application, except the heel strap, … Continue reading →

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Reasonable consumers needn’t expect individual products to differ from overall brand recommended by experts

Posted on September 28, 2017 by rtushnet

Eidelman v. Sun Prods. Corp., No. 16-cv-3914, 2017 WL 4277187 (S.D.N.Y. Sept. 25, 2017) Eidelman allegedly bought Sun Product’s “237-fl oz. bottle of ALL PLUS + FREE CLEAR … liquid detergent” based on its label that it was “from the … Continue reading →

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Posted on September 22, 2017 by rtushnet

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading →

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Posted on September 22, 2017 by rtushnet

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading →

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Adding clickbait title isn’t false advertising or fraud on author

Posted on September 19, 2017 by rtushnet

Dankovich v. Keller, 2017 WL 4081852, No. 16-13395 (E.D. Mich. Sept. 15, 2017) Interesting dispute: the pro se litigant didn’t like the editing of his essay, including the clickbaity headline added by the editors, and sued for various fraud/false advertising … Continue reading →

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False indication of Hawaiian origin might violate consumer protection law, not warranty

Posted on September 5, 2017 by rtushnet

Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027, 2017 WL 3838453 (N.D. Cal. Sept. 1, 2017) “Hawaii is a state as well as a state of mind. When adults want to escape the mainland, they can go to their local … Continue reading →

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More outlet cases: traditional price claims survive; value claims are harder

Posted on September 1, 2017 by rtushnet

Two cases: Dennis v. Ralph Lauren Corp., 2017 WL 3732103, No. 16cv1056 (S.D. Cal. Aug. 29, 2017) Plaintiff stated a consumer protection claim by alleging that Polo Ralph Lauren’s clothing sold at factory stores uses a price tag which represents … Continue reading →

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Outlet sales of outlet-only clothes under brand name aren’t inherently deceptive

Posted on August 31, 2017 by rtushnet

Rubenstein v. The Gap, Inc., — Cal.Rptr.3d —-, No. B272356, 2017 WL 3634212 (Ct. App. Aug. 24, 2017) The court affirmed the trial court’s dismissal of a claim against the Gap for selling lesser-quality products at its Gap and Banana … Continue reading →

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Comparison to former licensor’s products isn’t trademark infringement

Posted on August 30, 2017 by rtushnet

Alpha Pro Tech, Inc. v. VWR Int’l, LLC, No. 12-1615, 2017 WL 3671264 (E.D. Pa. Aug. 23, 2017) APT sued VWR, a competitor in the market for nonwoven, disposable laboratory apparel for use in clean rooms and similar environments. VWR … Continue reading →

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“100% grated parmesan cheese” doesn’t have to be all cheese, court rules

Posted on August 30, 2017 by rtushnet

In re: 100% Grated Parmesan Cheese Marketing & Sales Practices Litig., 2017 WL 3642076, No. 16 C 5802, MDL 2705 (N.D. Ill. Aug. 24, 2017) Ah, implicature, how I wish judges understood you.  A product labeled “100% Grated Parmesan Cheese” … Continue reading →

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