Tag Archives: false advertising

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Article in Judges’ Journal is opinion, not actionable under defamation or false advertising law

Posted on February 28, 2018 by rtushnet

Board of Forensic Document Document Examiners, Inc. v. American Bar Ass’n, No. 17 C 01130, 2018 WL 1014510 (N.D. Ill. Feb. 22, 2018) The Board of Forensic Document Examiners, and seven of its members, alleged defamation by an article appearing … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

NY AG proceeds against Charter for throttling providers while boasting of internet speeds

Posted on February 27, 2018 by rtushnet

 People v. Charter Communications, Inc., No. 450318/2017 (N.Y. Sup. Ct. Feb. 16, 2018) Charter allegedly defrauded New York consumers by promising high-speed Internet services and reliable access to online content that it knew it couldn’t or wouldn’t deliver, in violation … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Sanderson can’t chicken out of false advertising claims

Posted on February 26, 2018 by rtushnet

Organic Consumers Assoc. v. Sanderson Farms, Inc., 2018 WL 922247, No. 17-cv-03592 (N.D. Cal. Feb. 9, 2018) OCA sued Sanderson, a poultry processor, over ads that allegedly mislead consumers about the nature of Sanderson’s chicken products and farming practices. OCA … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

When an author’s name isn’t CMI

Posted on February 26, 2018 by rtushnet

Fischer v. Forrest, Nos. 14 Civ. 1304, 1307, 2018 WL 948758 (S.D.N.Y. Feb. 16, 2018) This very outdoorsily named and themed litigation arose out of the termination of a longstanding business relationship between plaintiff Fischer and defendants, including Brushy Mountain … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment