Tag Archives: false advertising

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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Adding clickbait title isn’t false advertising or fraud on author

Posted on September 19, 2017 by rtushnet

Dankovich v. Keller, 2017 WL 4081852, No. 16-13395 (E.D. Mich. Sept. 15, 2017) Interesting dispute: the pro se litigant didn’t like the editing of his essay, including the clickbaity headline added by the editors, and sued for various fraud/false advertising … Continue reading →

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False indication of Hawaiian origin might violate consumer protection law, not warranty

Posted on September 5, 2017 by rtushnet

Broomfield v. Craft Brew Alliance, Inc., No. 17-cv-01027, 2017 WL 3838453 (N.D. Cal. Sept. 1, 2017) “Hawaii is a state as well as a state of mind. When adults want to escape the mainland, they can go to their local … Continue reading →

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More outlet cases: traditional price claims survive; value claims are harder

Posted on September 1, 2017 by rtushnet

Two cases: Dennis v. Ralph Lauren Corp., 2017 WL 3732103, No. 16cv1056 (S.D. Cal. Aug. 29, 2017) Plaintiff stated a consumer protection claim by alleging that Polo Ralph Lauren’s clothing sold at factory stores uses a price tag which represents … Continue reading →

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