Tag Archives: false advertising

ad for a “true story” states an opinion, not a fact, when applied to an expressive work

Posted on August 7, 2018 by rtushnet

Incarcerated Entertainment, LLC v. CNBC LLC, No. 18-480, 2018 WL 3677918 (D. Del. Aug., 2, 2018) Ads for TV shows aren’t immune from false advertising law.  However, “[s]ummarizing an argument or opinion offered within the show is different than a … Continue reading →

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

ad for a “true story” states an opinion, not a fact, when applied to an expressive work

Posted on August 7, 2018 by rtushnet

Incarcerated Entertainment, LLC v. CNBC LLC, No. 18-480, 2018 WL 3677918 (D. Del. Aug., 2, 2018) Ads for TV shows aren’t immune from false advertising law.  However, “[s]ummarizing an argument or opinion offered within the show is different than a … Continue reading →

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

Dr. Pepper gets an upset tummy: Court approves conjoint analysis/price premium model in ginger ale class action

Posted on June 29, 2018 by rtushnet

Fitzhenry-Russell v. Dr. Pepper Snapple Group, Inc., 2018 WL 3126385, No. 17-cv-00564 (N.D. Cal. Jun. 26, 2018) (magistrate judge) Canada Dry Ginger Ale allegedly deceived consumers with the phrase “Made From Real Ginger” when, in fact, Canada Dry does not … Continue reading →

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

isn’t it good? mahogany wood isn’t always mahogany

Posted on June 4, 2018 by rtushnet

Golden v. Home Depot, U.S.A, Inc., 2018 WL 2441580, No. 18-cv-00033-LJO-JLT (E.D. Cal. May 31, 2018) According to the complaint, authentic mahogany is prized for its beauty, durability, color, and ease of use in woodworking. It has a reddish-brown color, … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

exercise company affiliation and ad revenue don’t make diet review into commercial speech

Posted on May 8, 2018 by rtushnet

GOLO, Inc. v. HighYa, LLC, 2018 WL 2086733, No. 17-2714 (E.D. Pa. May 4, 2018) The court here declines to apply the Lanham Act to “companies that generate income through websites that review the products of others, without selling any … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

can investigating claims bind you to arbitration?

Posted on April 13, 2018 by rtushnet

LegalForce RAPC Worldwide, P.C. v. LegalZoom.com, Inc., 2018 WL 1738135, No. 17-cv-07194-MMC (N.D. Cal. Apr. 10, 2018) LegalZoom, which advertises its ability to help people register trademarks, allegedly makes “false comparisons to attorney led services” and engages in the unauthorized … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Consumer class action fails for failure to survey on the exact statements challenged

Posted on April 10, 2018 by rtushnet

Townsend v. Monster Beverage Corp., — F.Supp.3d —-, 2018 WL 1662131, No. 12–2188–VAP (KKx) (C.D. Cal. Mar. 20, 2018) The Ninth Circuit remanded this case on UCL, FAL, and CLRA claims insofar as they challenge four specific on-label representations of … Continue reading →

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

we said the meal was a “value,” we just didn’t say to whom

Posted on April 10, 2018 by rtushnet

Killeen v. McDonald’s Corp., 2018 WL 1695366, No. 17 CV 874 (N.D. Ill. Apr. 6, 2018) Courts will only rarely protect consumers against their inability in the moment to do math; this is not one of those times. Killeen alleged … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

make your own sexual reference: 9th Circuit partially reinstates male enhancement lawsuit

Posted on April 9, 2018 by rtushnet

Sandoval v. PharmaCare US, Inc., No. 16-56301, No. 16-56710, — Fed.Appx. —-, 2018 WL 1633011 (9th Cir. Apr. 5, 2018) Sandoval brought a putative class action claim based on PharmaCare’s statements about its “male enhancement” product IntenseX. The court of … Continue reading →

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

multi-million dollar award for trade secret theft & false advertising of “local” origin

Posted on April 5, 2018 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, 2018 WL 1578115, No. 13-cv-00749-DN-DBP (D. Utah Mar. 29, 2018) A relatively large trade secret/false advertising verdict in this case.  Bimbo prevailed at trial on its trade secret claim that Sycamore revealed Bimbo Bakeries’ … Continue reading →

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