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Recent Posts
- 10th Circuit finds that disparagement by pet food company was commercial speech though affiliated vets’/nonprofits’ speech wasn’t
- safety claims aren’t vague in context of child car seats
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- Canadian imported drugs whose origin was disclosed to end consumers couldn’t trigger infringement/false advertising liability
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Meta
Tag Archives: false advertising
Placebo effect means customer satisfaction doesn’t disprove harm; suggestive TM can be fact claim
In re 5-hour ENERGY Marketing & Sales Practices Litig., No. MDL 13-2438, 2017 WL 385042 (C.D. Cal. Jan. 24, 2017) Plaintiffs alleged that defendants engaged in deceptive and unfair business practices under the laws of various states and the Magnuson-Moss … Continue reading
What’s in the box? Not a valid agreement to arbitrate!
Norcia v. Samsung Telecommunications America, LLC, — F.3d —-, 2017 WL 218027, No. 14–16994 (9th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the … Continue reading
Pipe dreams: expert spokesperson liable for false statements about competing product
Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe. Previous case … Continue reading
Mass. anti-SLAPP law/litigation privilege doesn’t cover p’s nasty statements about competitor to customers
Riverdale Mills Corporation v. Cavatorta North America, Inc., 189 F.Supp.3d 317 (D. Mass. 2016) Previous decision—denying a recall when the falsely advertising competitor had already notified consumers—discussed here. The parties compete in the market for wire mesh used to make … Continue reading
Court finds Lanham Act laches on the pleadings given p’s delay
Lifeway Foods, Inc. v. Millenium Products, Inc., No. CV 16-7099-R, 2016 WL 7336721, — F. Supp. 3d – (C.D. Cal. Dec. 14, 2016) Lifeway sued defendants under federal and state false advertising law for allegedly selling a product that didn’t … Continue reading
Can bait & switch cause actionable harm even though the consumer knows the price at checkout?
Veera v. Banana Republic, LLC, — Cal.Rptr.3d —-, 2016 WL 7242539, No. B270796 (Ct. App. Dec. 15, 2016) This decision, over a dissent, finds standing under the usual California statutory claims to challenge an alleged bait-and-switch scheme by Banana Republic, … Continue reading
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
Rebecca Tushnet 