Tag Archives: false advertising

Certification nonprofit engaged in commercial speech when it badmouthed uncertified seller

Posted on June 20, 2016 by rtushnet

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., 2016 WL 3348431, No. 16-cv-592 (E.D. Va. Jun. 15, 2016)   Nice thorough opinion playing out the interaction between Lexmark and the definition of “commercial advertising or promotion.”  The USDA … Continue reading →

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Amicus in Lanham Act/commercial speech case

Posted on May 31, 2016 by rtushnet

Mark McKenna just filed this brief on behalf of law professors, including me, supporting a simple resolution of Tobinick v. Novella, which should be an easy case (and in easy cases it may be tempting to sweep too broadly). from … Continue reading →

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Notre Dame Deception Roundtable, part 2

Posted on May 20, 2016 by rtushnet

Session 2 – Privacy and Technology Discussion Leaders: Ryan Calo, Aaron Perzanowski, Woody Hartzog, Danielle Citron   Matwyshyn: attempts to create commonality/familiarity w/consumer—good feeling.  Can also be a part of having ads be artistic expression.   Ryan Calo: important role … Continue reading →

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Notre Dame Deception Roundtable, part 1

Posted on May 20, 2016 by rtushnet

Deception Roundtable Notre Dame Law School, Chicago   Session 1 – Advertising and Trademark Discussion Leaders: Bill McGeveran, Mark McKenna, Zahr Said   Mark McKenna: deception comes up in many fields, but people aren’t talking to each other/citing each other … Continue reading →

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Entitlement to disgorgement doesn’t create Lanham Act standing

Posted on May 12, 2016 by rtushnet

Gravelle v. Kaba Ilco Corp., 2016 WL 2644890, NO. 5:13-CV-642 (E.D.N.C. May 9, 2016) Simple, but worth having a cite: plaintiff claimed false advertising based on allegedly false patent marking.  He couldn’t show that the falsity was proximately connected to … Continue reading →

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There’s no cushioning this blow: Comparative advertising is copyright fair use

Posted on May 11, 2016 by rtushnet

Ashley Furniture Industries, Inc. v. American Signature, Inc., 2014 WL 11320708, No. 11–cv–427 (S.D. Ohio June 25, 2014)   This 2014 case just showed up in my Westclip search and is worth noting for adding to the small but consistent … Continue reading →

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Cal. court sensibly rejects Fourth Circuit’s GNC rule on consumer protection claims

Posted on April 22, 2016 by rtushnet

Mullins v. Premier Nutrition Corp., 2016 WL 1534784, No. 13-cv-01271 (N.D. Cal. Apr. 15, 2016) This case revisits an issue with which courts have struggled: when consumer plaintiffs plead that a product advertised as clinically proven isn’t, is that a … Continue reading →

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Minimal pleading of responsibility suffices to evade 230 dismissal

Posted on April 19, 2016 by rtushnet

Congoo, LLC v. Revcontent LLC, 2016 WL 1547171, No. 16-401 (D.N.J. Apr. 15, 2016)   The parties compete in the market for native advertising.  Congoo alleged that Revcontent caused false/misleading native advertising to be published.  Revcontent asserted §230 immunity.  The … Continue reading →

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Something smells: new product makes competitor’s claims instantly literally false

Posted on April 6, 2016 by rtushnet

Playtex Prods., LLC v. Munchkin, Inc., 2016 WL 1276450, No. 14-cv-1308 (S.D.N.Y. Mar. 29, 2016)   Playtex makes a diaper pail, the Diaper Genie, with three current varieties: Diaper Genie Elite, Diaper Genie Essentials, and Diaper Genie Mini. Soiled diapers … Continue reading →

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Anonymous defamatory posts are “advertising or promotion” under Lanham Act

Posted on March 4, 2016 by rtushnet

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I LLC, 2016 WL 815205, No. 8-cv-0442 (S.D.N.Y. Feb. 29, 2016)   R&J sued Assara and a number of related people eight years ago.  The parties compete to offer laser hair … Continue reading →

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