Tag Archives: false advertising

reading list: Willis on remedies for consumer fraud

Posted on August 21, 2017 by rtushnet

Lauren E. Willis, Performance-Based Remedies: Ordering Firms to Eradicate Their Own Fraud, 80 Law and Contemporary Problems 7-41 (2017) Abstract In resolving cases of unfair, abusive, and deceptive acts and practices, consumer protection enforcement agencies often prospectively dictate—in great detail—the … Continue reading →

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taking customer list as conversion; false claims of official investigation as false advertising

Posted on August 18, 2017 by rtushnet

Yeti Enters. Inc. v. Tang, 2017 WL 3478484, No. 13-cv-01203 (D. Or. Aug. 14, 2017) This is a tangled story that illustrates how false advertising claims can arise from failed business agreements.  Plaintiff NPK sued Nicholas Jackson and Jessica Lilga … Continue reading →

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When state consumer protection is narrower than federal

Posted on July 28, 2017 by rtushnet

Natreon, Inc. v. Ixoreal Biomed, Inc., 2017 WL 3131975, No. 16-4735 (D.N.J. Jul. 21, 2017) Natron sued defendant/counterclaimant/third-party plaintiff SKP and defendant Ixoreal, alleging false advertising and unfair competition in connection with an extract used in holistic and alternative medicines: … Continue reading →

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SDNY declines to extend ONY to press releases about studies

Posted on July 28, 2017 by rtushnet

Mimedx Group, Inc. v. Osiris Therapeutics, Inc., No. 16 Civ. 3645, 2017 WL 3129799 (S.D.N.Y. Jul. 21, 2017) The parties compete in the wound care biologics market for tissue-graft products.  Mimedx makes “EpiFix,” “a tissue graft processed from [a dehydrated] … Continue reading →

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Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury

Posted on July 27, 2017 by rtushnet

Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading →

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Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury

Posted on July 27, 2017 by rtushnet

Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading →

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9th Circuit burps up a correction to recent Gerber case

Posted on July 18, 2017 by rtushnet

Bruton v. Gerber Prods. Co., No. 15-15174, 2017 WL 3016740, — Fed. Appx. — (9th Cir. Jul. 17, 2017) On a petition for rehearing, the previous panel opinion and partial dissent were withdrawn and replaced with the following, still partially … Continue reading →

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Bee aggressive: Copied ad leads to grab bag of claims

Posted on July 18, 2017 by rtushnet

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading →

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Bee aggressive: Copied ad leads to grab bag of claims

Posted on July 18, 2017 by rtushnet

Fischer v. Forrest, 2017 WL 2992663, — F. Supp. 3d –, 14 Civ. 1307 (S.D.N.Y. Jul. 14, 2017) (report and recommendation) Fischer invented Fischer’s Bee-Quick, a product used to facilitate honey harvesting, and marketed it using, among other things, the … Continue reading →

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FilmOn’s chutzpah doesn’t pay off; labeling it a site of (c) infringement is protected by anti-SLAPP law

Posted on July 3, 2017 by rtushnet

FilmOn.com v. DoubleVerify, Inc., 2017 WL 2807911, No. B264074 (Cal. Ct. App. Jun. 29, 2017) FilmOn, an Internet-based entertainment media provider, sued DoubleVerify, a provider of authentication services to online advertisers, for trade libel and related claims for falsely classifying … Continue reading →

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