Tag Archives: false advertising

false advertising claim based on (c) ownership not preempted, court rules

Posted on June 14, 2017 by rtushnet

Carter v. Pallante, 2017 WL 2506419, No. 16 C 6786 (N.D. Ill. Jun. 9, 2017) Tollie Carter has sued Maria A. Pallante (now acting Register Karyn Temple Claggett) in her capacity as the Register of Copyrights, as well as ARC/Conrad … Continue reading →

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Copyright v. false advertising in medical devices

Posted on June 6, 2017 by rtushnet

Healthmate Int’l, LLC v. French, 2017 WL 2389715, No. 15-0761 (W.D. Mo. Jun. 1, 2017) The parties (including defendant Rampant Lion) compete to sell TENS units, which administer electrical current to portions of the body in order to relieve pain. … Continue reading →

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Click fraud claim against Google fails

Posted on June 6, 2017 by rtushnet

Singh v. Google Inc., 2017 WL 2404986, No. 16-cv-03734 (N.D. Cal. Jun. 2, 2017) Singh alleged that Google falsely induced small businesses to participate in AdWords, resulting in payment for invalid clicks. Singh alleged: (1) breach of the implied covenant … Continue reading →

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Overstock ordered to pay multimillion penalty for falsely advertising comparison prices

Posted on June 5, 2017 by rtushnet

People v. Overstock.Com, Inc., — Cal.Rptr.3d —-, 2017 WL 2391814, No. A141613 (Cal. Ct. App. Jun. 2, 2017) The trial court found that Overstock, an online retailer whose value proposition is “the lowest prices on the Internet,” had engaged in … Continue reading →

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high-tech look can’t fool reasonable consumers about orthotics

Posted on May 24, 2017 by rtushnet

Kommer v. Bayer Consumer Health, — F.Supp.3d —-, 2017 WL 2231162, 16 Civ. 1560 (S.D.N.Y. May 18, 2017) Bayer sells Dr. Scholl’s foot care products, including the Dr. Scholl’s Custom Fit Orthotics Inserts. In many stores, they are sold alongside … Continue reading →

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A box size whopper? Slack fill claims for candy continue

Posted on May 22, 2017 by rtushnet

Bratton v. Hershey Co., 2017 WL 2126864, No. 16–cv–4322 (W.D. Mo. May 16, 2017) Bratton sued over alleged slack fill in Reese’s Pieces and Whoppers candy boxes.  He alleged that: Consumers spend an average of 13 seconds making an in-store … Continue reading →

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Another outlet price deception case, with pictures

Posted on May 15, 2017 by rtushnet

Stathakos v. Columbia Sportswear Co., 2017 WL 1957063, No. 15-cv-04543 (N.D. Cal. May 11, 2017) The parties sued Columbia, bringing the usual California claims, for alleged use of deceptive and misleading reference prices on merchandise in its company-owned Columbia outlet … Continue reading →

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allegedly false claims of official endorsement by Trump can be false advertising

Posted on May 10, 2017 by rtushnet

Bobbleheads.com, LLC v. Wright Brothers, Inc., 2017 WL 1838932,  No. 16-CV-2790 (S.D. Cal. May 8, 2017) Bobbleheads.com makes bobbleheads, including the Hillary Clinton Striped Prison Pantsuit Bobblehead, an application for copyright registration for which was filed Sept. 2, 2016 (and … Continue reading →

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False advertising and the privatized state

Posted on May 8, 2017 by rtushnet

Hansen v. Scram of California, Inc., No. 17-cv-01474, 2017 WL 1628401 (C.D. Cal. Apr. 28, 2017) When the carceral state becomes a business, can it commit business torts?  Plaintiffs sued Scram and Alcohol Monitoring Systems (AMS) for the usual statutory … Continue reading →

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City of Chicago can sue pharmacos for falsely advertising opiods

Posted on May 5, 2017 by rtushnet

City of Chicago v. Purdue Pharma L.P., 211 F.Supp.3d 1058 (N.D. Ill. 2016) The court sustained in part a claim by Chicago against defendant pharmacos, based on their allegedly deceptive and unfair marketing campaigns that served to “reverse[] the medical … Continue reading →

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