Tag Archives: false advertising

2 week difference leads to $10 million in damages in pregnancy estimator case

Posted on September 13, 2018 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics GmbH, No. 14-CV-585 (AJN), 2018 WL 4253181 (S.D.N.Y. Sept. 5, 2018) Church & Dwight won an injunction, affirmed by the Second Circuit, against SPD’s advertising of its “Clearblue Advanced Pregnancy Test … Continue reading →

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In plagiarism/false attribution case, use was de minimis, fair, and protected by 1A

Posted on September 13, 2018 by rtushnet

Israel v. Strassberg, 2018 WL 4290394, No. 2:15-CV-741 (D. Utah. Sept. 7, 2018) Israel entered the Ph.D. Psychology program at the University of Utah, which required a master’s thesis, and Strassberg was her advisor. Israel’s master’s thesis turned on the … Continue reading →

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In plagiarism/false attribution case, use was de minimis, fair, and protected by 1A

Posted on September 13, 2018 by rtushnet

Israel v. Strassberg, 2018 WL 4290394, No. 2:15-CV-741 (D. Utah. Sept. 7, 2018) Israel entered the Ph.D. Psychology program at the University of Utah, which required a master’s thesis, and Strassberg was her advisor. Israel’s master’s thesis turned on the … Continue reading →

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“One A Day” conveys that consumers need take only one a day, Cal. court holds

Posted on September 13, 2018 by rtushnet

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading →

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“One A Day” conveys that consumers need take only one a day, Cal. court holds

Posted on September 12, 2018 by rtushnet

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading →

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court requires survey evidence in consumer protection case, importing Lanham Act doctrine

Posted on September 7, 2018 by rtushnet

Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018) Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the … Continue reading →

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court requires survey evidence in consumer protection case, importing Lanham Act doctrine

Posted on September 6, 2018 by rtushnet

Hughes v. Ester C Company, — F.Supp.3d —-, 2018 WL 4210139, No. 12-CV-0041 (E.D.N.Y. Sept. 4, 2018) Ester-C dietary supplements contain a patented form of vitamin C in the form of calcium ascorbate. Plaintiffs alleged that the advertising for the … Continue reading →

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Trader Joe’s truffle flavored oil was too cheap for reasonable consumers to think it real

Posted on September 4, 2018 by rtushnet

Brumfield v. Trader Joe’s Co., 2018 WL 4168956, No. 17 Civ. 3239 (LGS) (S.D.N.Y. Aug. 30, 2018) Brumfield alleged that Trader Joe’s “Black Truffle Flavored Extra Virgin Olive Oil” contains no actual black truffle, but instead contains 2,4-dithiapentane, a petroleum … Continue reading →

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Sony’s claim that Michael Jackson performed songs on album was just its opinion

Posted on August 30, 2018 by rtushnet

Serova v. Sony Music Entertainment, — Cal.Rptr.3d —- , 2018 WL 4090622, No. B280526 (Ct. App. Aug. 28, 2018) [This case says a bunch of stuff that’s way too broad for the facts; people who are concerned about things like … Continue reading →

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Another court is allergic to In re GNC’s flawed reasoning on falsity

Posted on August 20, 2018 by rtushnet

Hobbs v. Gerber Prods. Co., 2018 WL 3861571, No. 17 CV 3534 (N.D. Ill. Aug. 14, 2018) Say what you will about Seventh Circuit substance (and I have), I like the crisp Seventh Circuit style, which seems to influence the … Continue reading →

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