Tag Archives: false advertising

Court tentatively holds that NY’s GBL covers damage via personal injury

Posted on November 21, 2016 by rtushnet

Carias v. Monsanto Co., 2016 WL 6803780, No. 15-CV-3677 (E.D.N.Y. Sept. 30, 2016) The plaintiffs filed a putative class action claiming injuries based on their use of Monsanto’s herbicide Roundup. Along with products liability claims, they brought claims under New … Continue reading →

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Evidence of good faith not relevant for liability, but relevant for damages in false advertising cases

Posted on November 8, 2016 by rtushnet

A.L.S. Enterprises, Inc. v. Robinson Outdoor Products, LLC, No. 14-CV-500, 2016 WL 4260062 (W.D. Mich. May 9, 2016) ALS sued Robinson for false advertising over odor control claims for its hunting apparel; the court in this and a related order … Continue reading →

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Failure to disclose effect of compensation on opinion isn’t actionable under Lanham Act (but maybe in NY)

Posted on November 7, 2016 by rtushnet

Casper Sleep, Inc. v. Hales, No. 16-cv-03223, 2016 WL 6561386, — F.Supp.3d —- (S.D.N.Y. Oct. 20, 2016) Casper is a mattress e-retailer. (Discussion of a similar lawsuit it filed here.) Defendant Derek Hales is a specialist reviewer who runs http://www.sleepopolis.com, … Continue reading →

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230 provides protection against liability, not immediately appealable immunity from suit

Posted on November 2, 2016 by rtushnet

General Steel Domestic Sales, L.L.C. v. Chumley, No. 15-1293 (10th Cir. Nov. 1, 2016) Defendants (Armstrong Steel) appealed from the district court’s denial of CDA §230 immunity for a number of General Steel’s false advertising claims.  Armstrong ran an online … Continue reading →

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Disparaging an unauthorized reseller could violate the Lanham Act

Posted on October 31, 2016 by rtushnet

Dentsply Int’l Inc. v. Dental Brands for Less LLC, No. 15 Civ. 8775, 2016 WL 6310777 (S.D.N.Y. Oct. 27, 2016) Dentsply sued Dental Brands over Dental Brands’ resale of Dentsply’s dental products without Dentsply’s authorization. Dental Brands buys Dentsply’s products … Continue reading →

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Study’s co-author disclaiming its use creates material issue on falsity

Posted on October 31, 2016 by rtushnet

Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., 2016 WL 6275156, No. 13-12553 (D. Mass. Oct. 25, 2016) Previous opinion discussed here. The parties compete in the market for products used for bowel preparation before colonoscopies. Ferring alleged false advertising in … Continue reading →

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Republication of online articles was commercial speech and not protected by CDA

Posted on October 26, 2016 by rtushnet

Western Sugar Coop. v. Archer-Daniels-Midland Co., 2015 WL 12683192, No. CV 11-3473 (C.D. Cal. Aug. 21, 2015) More belated blogging.  The sugar industry and the corn refining industry accused each other of falsely advertising  high-fructose corn syrup (HFCS).  Plaintiffs were … Continue reading →

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Initial interest false advertising (aka bait and switch) in Google ads

Posted on October 17, 2016 by rtushnet

Beacon Plumbing & Mechanical Inc. v. Sposari Inc., 2016 WL 5795282, No. C15-1613 (W.D. Wash. Mar. 17, 2016) Beacon sued defendants, including Sposari, which does buisiness as Mr. Rooter Plumbing Services, for trademark infringement and dilution (federal claim dismissed) and … Continue reading →

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Don’t sell a business and then keep running it

Posted on October 17, 2016 by rtushnet

Electrology Laboratory, Inc. v. Kunze, 169 F.Supp.3d 1119 (D. Colo. 2016) Larry Paul Kunze a/k/a Lorenzo Kunzel sold his family business, plaintiff ELI (d/b/a Rocky Mountain Laser College/RMLC), “but couldn’t give it up. So, as the evidence revealed, even while … Continue reading →

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biased survey dooms “ask your doctor” ad campaign for 5-Hour Energy

Posted on October 12, 2016 by rtushnet

Washington v. Living Essentials, LLC, NO. 14-2-19684-9 (King County Super. Ct. Oct. 10, 2016) The state sued Living Essentials seeking injunctive and declaratory relief under Washington’s Consumer Protection Act.  While the court found that some of the challenged 5-Hour Energy … Continue reading →

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