Tag Archives: false advertising

Mass. anti-SLAPP law/litigation privilege doesn’t cover p’s nasty statements about competitor to customers

Posted on January 23, 2017 by rtushnet

Riverdale Mills Corporation v. Cavatorta North America, Inc., 189 F.Supp.3d 317 (D. Mass. 2016) Previous decision—denying a recall when the falsely advertising competitor had already notified consumers—discussed here.  The parties compete in the market for wire mesh used to make … Continue reading →

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Contracts can last longer than headaches: 1990 consent decree bars comparisons today

Posted on December 30, 2016 by rtushnet

Pfizer Inc. v. McNeil-PPC, Inc., 183 F. Supp. 3d 491 (S.D.N.Y. 2016) A twenty-six-year-old consent decree resolving false advertising claims bans certain comparisons between Advil (Pfizer) and Tylenol (McNeil). Several years after the decree’s entry, Pfizer introduced Advil products designed … Continue reading →

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Court finds Lanham Act laches on the pleadings given p’s delay

Posted on December 20, 2016 by rtushnet

Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336721, — F. Supp. 3d – (C.D. Cal. Dec. 14, 2016) Lifeway sued defendants under federal and state false advertising law for allegedly selling a product that didn’t … Continue reading →

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Can bait & switch cause actionable harm even though the consumer knows the price at checkout?

Posted on December 19, 2016 by rtushnet

Veera v. Banana Republic, LLC, — Cal.Rptr.3d —-, 2016 WL 7242539, No. B270796 (Ct. App. Dec. 15, 2016) This decision, over a dissent, finds standing under the usual California statutory claims to challenge an alleged bait-and-switch scheme by Banana Republic, … Continue reading →

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Business betrayal isn’t false advertising, could be TM infringement

Posted on December 15, 2016 by rtushnet

Kische USA LLC v. Simsek, 2016 WL 7212534, No. C16-0168JLR (W.D. Wash. Dec. 13, 2016) Kische alleged that former employees—Mr. Simsek and Ms. Walker—abused their positions to misappropriate Kische’s assets and found JD Stellar, a competing business. Kische accused Costanza, … Continue reading →

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Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands

Posted on December 6, 2016 by rtushnet

Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims.  Thus, they have imposed … Continue reading →

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Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands

Posted on December 6, 2016 by rtushnet

Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims.  Thus, they have imposed … Continue reading →

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New edition, Goldman & Tushnet, Advertising and Marketing Law

Posted on November 30, 2016 by rtushnet

Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy.  Eric did the heavy lifting on getting this out, and I really appreciate it.  I also am personally satisfied … Continue reading →

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New edition, Goldman & Tushnet, Advertising and Marketing Law

Posted on November 30, 2016 by rtushnet

Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy.  Eric did the heavy lifting on getting this out, and I really appreciate it.  I also am personally satisfied … Continue reading →

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Breakfast break: energy claims not misleading by US standards

Posted on November 28, 2016 by rtushnet

Spector v. Mondelēz International, Inc., 178 F.Supp.3d 657 (N.D. Ill. 2016) Mondelēz makes belVita Breakfast Biscuits and Breakfast Bites. Spector allegedly bought packages of Breakfast Biscuits in reliance on the package representations of “NUTRITIOUS STEADY ENERGY ALL MORNING”:  ​ The … Continue reading →

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