Tag Archives: false advertising

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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9th Circuit rules inability to trust future representations provides standing for injunctive relief

Posted on October 23, 2017 by rtushnet

Davidson v. Kimberly-Clark Corp., 2017 WL 4700093, — F.3d –, No. 15-16173 (9th Cir. Oct. 20, 2017) Rejecting a number of district court decisions, the Ninth Circuit finds standing to seek injunctive relief under California consumer protection laws even when … Continue reading →

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Consumer’s ability to trust future representations provides standing to seek injunctive relief

Posted on October 16, 2017 by rtushnet

Delman v. J. Crew Group, Inc., 2017 WL 3048657, No. 16-9219 (C.D. Cal. May 15, 2017) This is another factory outlet false advertising case. The J. Crew Factory Website sells clothing and other items at what appears to be a … Continue reading →

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Uncontradicted testimony that defendant’s claim lacks scientific support requires judgment for plaintiffs

Posted on October 10, 2017 by rtushnet

Rosendez v. Green Pharmaceuticals, No. D071073, 2017 WL 4400011 (Cal. Ct. App. Oct. 4, 2017) (unpublished) Plaintiffs alleged that Green’s SnoreStop, a homeopathic remedy for snoring, was a sugar pill falsely advertised to stop snoring. Although the trial court found … Continue reading →

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