Tag Archives: false advertising

We’re not gonna need a bigger bucket: lawsuit against KFC dismissed

Posted on December 21, 2017 by rtushnet

Wurtzburger v. Kentucky Fried Chicken, No. 16-CV-08186, 2017 WL 6416296 (S.D.N.Y. Dec. 13, 2017) Wurtzburger sued KFC for alleged violations of General Business Law §§ 349, 350 and 21 C.F.R. § 100.100 by misleading consumers into believing that KFC’s buckets … Continue reading →

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Allegedly false certification for competitor brings trade secret, deceptive practices claims

Posted on December 13, 2017 by rtushnet

Duro Corp. v. Canadian Standards Assoc., 2017 WL 6326862, No. 17 CV 1127 (N.D. Ohio Dec. 11, 2017) Duro, a distributor of high end gas ranges, sued the CSA, a nonprofit consumer product safety testing organization, for misappropriation of trade … Continue reading →

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Everything’s legal in Jersey: NJ SCt makes class certification harder in price disclosure case

Posted on December 8, 2017 by rtushnet

Dugan v. TGI Fridays, Inc., 171 A.3d 620 (N.J. 2017) Plaintiffs alleged that the defendants failed to fairly disclose prices charged to customers for alcoholic and non-alcoholic beverages. The New Jersey Supreme Court held that one set of plaintiffs failed … Continue reading →

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Tick tick boom: Lyme-blocking claim avoids preliminary injunction

Posted on December 5, 2017 by rtushnet

Merial, Inc. v. Zoetis, Inc., 2017 WL 4466471, No. 1:17-CV-1624 (N.D. Ga. Jun. 6, 2017) Thorough discussions of the effect of disclaimers on literal falsity/misleadingness are rare, so this one is useful. Merial makes NexGard, flea-and-tick removal treatments; the latter … Continue reading →

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reasonable consumers expect real estate agents to be licensed, but remedies are still limited by the 1A

Posted on November 30, 2017 by rtushnet

People ex rel. Flippo v. Silva, 2017 WL 5712601, No. H041209 (Cal. Ct. App. Nov. 28, 2017) Susana Silva operated Estates on the Bay, which advertised itself as a professional real estate company, while her real estate broker’s license was … Continue reading →

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Another court declines to apply GNC where plaintiff alleges only negative studies

Posted on November 20, 2017 by rtushnet

Yeldo v. MusclePharm Corp., 2017 WL 5499588, Case No. 17-11011 (E.D. Mich. Nov. 16, 2017) Yeldo brought a putative class action alleging that MusclePharm used misleading marketing practices to promote its glutamine dietary supplement, whose label and online ads indicate … Continue reading →

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To the spoliator does not go the victory in corporate betrayal case

Posted on November 20, 2017 by rtushnet

OmniGen Research, LLC v. Wang, No. 16-cv-268, 2017 WL 5505041 (D. Or. Nov. 16, 2017) After OmniGen successfully moved for a default judgment in its favor due to spoliation of evidence, the court awarded damages on OmniGen’s trade secret, false … Continue reading →

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false advertising of copyright ownership of songs not preempted, court rules

Posted on November 16, 2017 by rtushnet

Carter v. Pallante, 256 F. Supp. 3d 791 (N.D. Ill. 2017) Tollie Carter sued, as relevant here, alleging that ARC, Fuji, and BMG infringed his copyrights in certain songs by selling unauthorized licenses to third parties, who in turn publicly … Continue reading →

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Church & Dwight not protected against challenge to “Made in USA” claim for condoms

Posted on November 15, 2017 by rtushnet

Claiborne v. Church & Dwight Co., 2017 WL 5256752, No. 17-cv-00746 (S.D. Cal. Nov. 13, 2017) At least two lines of Trojan brand male condoms have the words “Made in U.S.A.” printed on the packaging. This statement allegedly violates California … Continue reading →

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230 bars false advertising claim against antimalware provider

Posted on November 9, 2017 by rtushnet

Enigma Software Group USA LLC v. Malwarebytes Inc., No. 5:17-cv-02915, 2017 WL 5153698 (N.D. Cal. Nov. 7, 2017) Malwarebytes and Enigma compete in the anti-malware software market.  When Malwarebytes’s software detects an unwanted program, it displays a notification and asks … Continue reading →

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