Tag Archives: false advertising

Comparison to former licensor’s products isn’t trademark infringement

Posted on August 30, 2017 by rtushnet

Alpha Pro Tech, Inc. v. VWR Int’l, LLC, No. 12-1615, 2017 WL 3671264 (E.D. Pa. Aug. 23, 2017) APT sued VWR, a competitor in the market for nonwoven, disposable laboratory apparel for use in clean rooms and similar environments. VWR … Continue reading →

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“100% grated parmesan cheese” doesn’t have to be all cheese, court rules

Posted on August 30, 2017 by rtushnet

In re: 100% Grated Parmesan Cheese Marketing & Sales Practices Litig., 2017 WL 3642076, No. 16 C 5802, MDL 2705 (N.D. Ill. Aug. 24, 2017) Ah, implicature, how I wish judges understood you.  A product labeled “100% Grated Parmesan Cheese” … Continue reading →

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Advertising question of the day: Honeycrisp or honey crisp?

Posted on August 30, 2017 by rtushnet

Assuming this alcoholic beverage is not made from honeycrisp apples–but that it does contain honey–would the product name be false or misleading?  H/T Adam Levitin.  Note that the manufacturer doesn’t disclose the apple variety one way or another, as far … Continue reading →

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Plaintiff can’t win false advertising claim because there’s evidence on both sides

Posted on August 28, 2017 by rtushnet

Korolshteyn v. Costco Wholesale Corp., No. 15-cv-709, 2017 WL 3622226 (S.D. Cal. Aug. 23, 2017) Ugh. Costco’s TruNature Gingko labels represent that the product “supports alertness & memory,” that “Gingko biloba can help with mental clarity and memory,” and that … Continue reading →

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4th Cir. holds certification nonprofit’s self-promotion to retailers is commercial speech

Posted on August 24, 2017 by rtushnet

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., No. 16-1813, 2017 WL 3601506, — F. Appx. – (4th Cir. Aug. 22, 2017) The court of appeals affirmed the district court ruling that a nonprofit egg certifier’s disparagement of … Continue reading →

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Bad dilution claims are so common that they aren’t “exceptional” for fee-shifting, court rules

Posted on August 21, 2017 by rtushnet

Parks, LLC v. Tyson Foods, Inc., 2017 WL 3534993, No. 15-cv-00946 (E.D. Pa. Aug. 17, 2017) Tyson sought attorneys’ fees in this Lanham Act case after its summary judgment victory was affirmed by the Third Circuit. The court found that … Continue reading →

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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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