Tag Archives: false advertising

Fraud claim by NY AG against Donald Trump revived on appeal

Posted on March 2, 2016 by rtushnet

People ex rel. Schneiderman v. Trump Entrepreneur Initiative LLC, — N.Y.S.3d —-, 2016 WL 783216, 2016 N.Y. Slip Op. 01430 (Sup. Ct. Mar. 1, 2016)   Snarky political note: It doesn’t appear that Trump could object to this ruling on … Continue reading →

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Hidden connections between doctors and the drugs they promote

Posted on March 2, 2016 by rtushnet

The violations of the FTC Endorsement Guidelines seem very clear in the stories recounted by this Boston Globe investigation.  H/T ST. from Blogger http://ift.tt/1UyHnQD

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Ingredient supplier has standing to challenge supplement claims

Posted on February 29, 2016 by rtushnet

Obesity Research Institute, LLC v. Fiber Research International, LLC, 2016 WL 739796,  No. 15-cv-00595 (S.D. Cal. Feb. 25, 2016)   Fiber Research alleged that Obesity Research made claims for its weight loss product, Lipozene, touting clinical testing supporting the role … Continue reading →

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Advertising law at Cardozo

Posted on February 26, 2016 by rtushnet

Cardozo Law Conference: New Impressions of Advertising Law   Panel 1: False Advertising (herein of Pom Wonderful v. FTC) Moderator: Brett Frischmann | Professor and Director, Cardozo Intellectual Property & Information Law Program, Benjamin N. Cardozo School of Law   … Continue reading →

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National Review reports on false advertising suit against Trump University

Posted on February 25, 2016 by rtushnet

Hey, the National Review found a consumer protection lawsuit it likes: the one against Trump University.  If he’s elected, do we get to call him the Conman-in-Chief? from Blogger http://ift.tt/1WLfYtg

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Second Circuit upholds law against “credit surcharges” that allows “cash discounts”

Posted on February 22, 2016 by rtushnet

Expressions Hair Design v. Schneiderman, 803 F. 3d 94 (2d Cir. 2015)   Somehow I missed this when it came out last September! New York General Business Law § 518 provides that “[n]o seller in any sales transaction may impose … Continue reading →

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Speech about a concluded, one-off auction isn’t advertising or promotion

Posted on February 1, 2016 by rtushnet

Reese v. Pook & Pook, LLC., 2016 WL 337022, No. 14-5715 (E.D. Pa. Jan. 27, 2016)   The Reeses collected antique toys, and filed for bankruptcy, at which point they were required to sell some of their collection. Defendant Pook … Continue reading →

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Court rejects Zippo jurisdiction test but allows suit over alleged copying

Posted on January 25, 2016 by rtushnet

Kindig It Design, Inc. v. Creative Controls, Inc., — F. Supp. 3d —-, 2016 WL 247574,  No. 2:14-cv-00867 (D. Utah Jan. 20, 2016)   Mostly a personal jurisdiction ruling in this copyright/patent infringement/false advertising case brought by Kindig, which customizes … Continue reading →

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reverse passing off still actionable as false advertising, court reminds us

Posted on January 22, 2016 by rtushnet

OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc., 2016 WL 236231, No. CV-14-085 (E.D. Wash. Jan. 20, 2016) Interesting little case that doesn’t mention Dastar, but is a rare application of the Dastar principle that reverse passing off can … Continue reading →

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NY has jurisdiction over out-of-state processor for alleged magazine scammer

Posted on January 21, 2016 by rtushnet

People v. Orbital Pub’g Gp., Inc., 21 N.Y.S.3d 573 (Supreme Ct. 2015)   The AG alleged violations of NY state consumer protection law, including a law specific to magazine subscription sales, involved here.  Respondents send official-looking solicitations that allegedly misled … Continue reading →

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