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Tag Archives: false advertising
Business betrayal isn’t false advertising, could be TM infringement
Kische USA LLC v. Simsek, 2016 WL 7212534, No. C16-0168JLR (W.D. Wash. Dec. 13, 2016) Kische alleged that former employees—Mr. Simsek and Ms. Walker—abused their positions to misappropriate Kische’s assets and found JD Stellar, a competing business. Kische accused Costanza, … Continue reading
Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands
Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims. Thus, they have imposed … Continue reading
Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands
Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims. Thus, they have imposed … Continue reading
New edition, Goldman & Tushnet, Advertising and Marketing Law
Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy. Eric did the heavy lifting on getting this out, and I really appreciate it. I also am personally satisfied … Continue reading
New edition, Goldman & Tushnet, Advertising and Marketing Law
Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy. Eric did the heavy lifting on getting this out, and I really appreciate it. I also am personally satisfied … Continue reading
Breakfast break: energy claims not misleading by US standards
Spector v. Mondelēz International, Inc., 178 F.Supp.3d 657 (N.D. Ill. 2016) Mondelēz makes belVita Breakfast Biscuits and Breakfast Bites. Spector allegedly bought packages of Breakfast Biscuits in reliance on the package representations of “NUTRITIOUS STEADY ENERGY ALL MORNING”: The … Continue reading
Court tentatively holds that NY’s GBL covers damage via personal injury
Carias v. Monsanto Co., 2016 WL 6803780, No. 15-CV-3677 (E.D.N.Y. Sept. 30, 2016) The plaintiffs filed a putative class action claiming injuries based on their use of Monsanto’s herbicide Roundup. Along with products liability claims, they brought claims under New … Continue reading
Evidence of good faith not relevant for liability, but relevant for damages in false advertising cases
A.L.S. Enterprises, Inc. v. Robinson Outdoor Products, LLC, No. 14-CV-500, 2016 WL 4260062 (W.D. Mich. May 9, 2016) ALS sued Robinson for false advertising over odor control claims for its hunting apparel; the court in this and a related order … Continue reading
Failure to disclose effect of compensation on opinion isn’t actionable under Lanham Act (but maybe in NY)
Casper Sleep, Inc. v. Hales, No. 16-cv-03223, 2016 WL 6561386, — F.Supp.3d —- (S.D.N.Y. Oct. 20, 2016) Casper is a mattress e-retailer. (Discussion of a similar lawsuit it filed here.) Defendant Derek Hales is a specialist reviewer who runs http://www.sleepopolis.com, … Continue reading
230 provides protection against liability, not immediately appealable immunity from suit
General Steel Domestic Sales, L.L.C. v. Chumley, No. 15-1293 (10th Cir. Nov. 1, 2016) Defendants (Armstrong Steel) appealed from the district court’s denial of CDA §230 immunity for a number of General Steel’s false advertising claims. Armstrong ran an online … Continue reading
Rebecca Tushnet 