Tag Archives: false advertising

Craigslist credit scam by affiliate leads to FTC action

Posted on February 24, 2017 by rtushnet

Federal Trade Commission v. Credit Bureau Center, LLC, 2017 WL 680344, No. 17 C 194 (N.D. Ill. Feb. 21, 2017) I think Eric Goldman will see a §230 issue here. The FTC sued CBC, Michael Brown, Danny Pierce, and Andrew … Continue reading →

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Court won’t hear false advertising and contributory liability claims based on tinnitus credentialing

Posted on February 24, 2017 by rtushnet

Academy of Doctors of Audiology v. International Hearing Society, 2017 WL 679354, No. 16-13839 (E.D. Mich. Feb. 21, 2017) IHS held a training program on tinnitus care in Orlando, Florida, stating that it would provide a “Tinnitus Care Provider Certificate” … Continue reading →

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GM’s defeat device is almost by definition fraudulent omission

Posted on February 17, 2017 by rtushnet

Counts v. General Motors, LLC, No. 16-cv-12541, 2017 WL 588457 (E.D. Mich. Feb. 14, 2017) Plaintiffs sued GM for deceptive advertising, breach of contract, and fraudulent concealment claims under the laws of thirty states based on GM’s alleged installation of … Continue reading →

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claims about others’ patent infringement can be factual, commercial speech subject to Lanham Act

Posted on February 16, 2017 by rtushnet

Global Tech Led, LLC v. HiLumz International Corp., 2017 WL 588669, No. 15–cv–553 (M.D. Fla. Feb. 14, 2017) The parties, former business partners, now compete in the retrofit LED lighting industry. Global Tech sued defendants for patent infringement. HiLumz counterclaimed … Continue reading →

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Doctor’s evaluation of another doctor’s treatment isn’t commercial speech

Posted on February 16, 2017 by rtushnet

Tobinick v. Novella, No. 15-14889 (11th Cir. Feb. 15, 2017) Ultimately, despite a long battle, this is a relatively easy case about “the medical viability of a novel use for a particular drug.”  Dr. Tobinick (plaintiff, along with related entities) … Continue reading →

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calling a rival “imitation” is neither defamatory nor confusing

Posted on February 13, 2017 by rtushnet

Baltimore Sports & Social Club, Inc. v. Sport & Social, LLC, 2017 WL 526499, No. 16–cv–02953 (D. Md. Jan. 6, 2017)   BSSC logo Sport & Social logos BSSC initiated suit, claiming that Sport & Social’s use of the marks … Continue reading →

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P&G fails to clean up “natural” suit over baby wipes

Posted on February 7, 2017 by rtushnet

Brenner v. Procter & Gamble Co., No. 16-1093, 2016 WL 8192946 (C.D. Cal. Oct. 20, 2016) Brenner sued on behalf of a putative nationwide class and a California subclass of those who purchased Pampers “Natural Clean” Baby Wipes.  The individual … Continue reading →

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Advertising a phone with an unauthorized screenshot of an app doesn’t violate the Lanham Act under Dastar

Posted on February 3, 2017 by rtushnet

Appjigger GmbH v. BLU Products, Inc., 2016 WL 4119720, No. 15–22313 (S.D. Fla. Mar. 7, 2016) Appjigger makes apps, and has an exclusive license for the WP CLOCK software app, which is available both to end users and also for … Continue reading →

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Failure to show causation leads court to overturn jury verdict against false advertising

Posted on February 2, 2017 by rtushnet

A.L.S. Enters., Inc. v. Robinson Outdoor Prods., LLC, No. 14-CV-500, 2017 WL 393307 (W.D. Mich. Jan. 30, 2017) ALS sued Robinson for false advertising of Robinson’s Trinity scent-control hunting clothing. The jury returned a verdict for ALS, awarding ALS $1.3 … Continue reading →

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Amazon escapes liability for ads & emails touting vendors’ infringing products

Posted on January 31, 2017 by rtushnet

Lasoff v. Amazon.com Inc, 2017 WL 372948, No. C16-151 (W.D. Wash. Jan. 26, 2017) Lasoff owns Ingrass, which sells artificial turf and related products.  He sold through Amazon, but in 2013 his sales allegedly began to plummet, both on his … Continue reading →

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