Tag Archives: false advertising

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 Oct. 4, 2017) (unpublished) Plaintiffs alleged that Green’s SnoreStop, a homeopathic remedy for snoring, was a sugar pill falsely advertised to stop snoring.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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Suing Doe reviewers under the Lanham Act fails

Posted on October 6, 2017 by rtushnet

Reybold Gp. v. Does 1-20, 2017 WL 4326360, No. 17-810 (D. Del. Sept. 29, 2017) (magistrate judge) Reybold sued the Does for infringement, dilution, injurious falsehood, and defamation based on their statements on ApartmentRatings.com about Reybold’s St. Andrews Apartment Complex, … Continue reading →

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Kate Spade fails to toss outlet lawsuit alleging inferior quality compared to boutiques

Posted on October 5, 2017 by rtushnet

Irvine v. Kate Spade & Co., 2017 WL 4326538, No. 16-CV-7300 (S.D.N.Y. Sept. 28, 2017) Plaintiffs alleged that Kate Spade marks merchandise sold at outlets with an illusory and arbitrarily higher price from which a substantial “discount” is then offered, … Continue reading →

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“information and belief” isn’t enough to allege competitive injury in false advertising case

Posted on October 2, 2017 by rtushnet

Brickstructures, Inc. v. Coaster Dynamix, Inc., 2017 WL 4310671, No. 16 CV 10969 (N.D. Ill. Sept. 28, 2017) Brickstructures, a LEGO-structure-creating business, sued Coaster for breach of contract, breach of fiduciary duty, and false advertising under the Lanham Act. Given … Continue reading →

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Are Crocs’ uniqueness claims a crock?

Posted on October 2, 2017 by rtushnet

Crocs, Inc. v. Effervescent, Inc., No. 06-cv-00605, 2017 WL 4286148 (D. Colo. Sept. 25, 2017) Crocs makes molded clogs, and Dawgs is a competitor. Allegedly, “[e]ach and every functional feature disclosed in the [’858] patent application, except the heel strap, … Continue reading →

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Reasonable consumers needn’t expect individual products to differ from overall brand recommended by experts

Posted on September 28, 2017 by rtushnet

Eidelman v. Sun Prods. Corp., No. 16-cv-3914, 2017 WL 4277187 (S.D.N.Y. Sept. 25, 2017) Eidelman allegedly bought Sun Product’s “237-fl oz. bottle of ALL PLUS + FREE CLEAR … liquid detergent” based on its label that it was “from the … Continue reading →

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Posted on September 22, 2017 by rtushnet

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading →

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It stinks to high heaven: knockoff fragrances infringing, diluting, falsely advertised, but not counterfeit

Posted on September 22, 2017 by rtushnet

Coty Inc. v. Excell Brands, LLC, No. 15-CV-7029, 2017 WL 4155402 (S.D.N.Y. Sept. 18, 2017) Coty and a number of other producers and distributors of well-known fragrances sued Excell, which produced cheap “versions” of Coty’s fragrances, with similar names and … Continue reading →

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