Tag Archives: false advertising

Disparaging an unauthorized reseller could violate the Lanham Act

Posted on October 31, 2016 by rtushnet

Dentsply Int’l Inc. v. Dental Brands for Less LLC, No. 15 Civ. 8775, 2016 WL 6310777 (S.D.N.Y. Oct. 27, 2016) Dentsply sued Dental Brands over Dental Brands’ resale of Dentsply’s dental products without Dentsply’s authorization. Dental Brands buys Dentsply’s products … Continue reading →

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Study’s co-author disclaiming its use creates material issue on falsity

Posted on October 31, 2016 by rtushnet

Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., 2016 WL 6275156, No. 13-12553 (D. Mass. Oct. 25, 2016) Previous opinion discussed here. The parties compete in the market for products used for bowel preparation before colonoscopies. Ferring alleged false advertising in … Continue reading →

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Republication of online articles was commercial speech and not protected by CDA

Posted on October 26, 2016 by rtushnet

Western Sugar Coop. v. Archer-Daniels-Midland Co., 2015 WL 12683192, No. CV 11-3473 (C.D. Cal. Aug. 21, 2015) More belated blogging.  The sugar industry and the corn refining industry accused each other of falsely advertising  high-fructose corn syrup (HFCS).  Plaintiffs were … Continue reading →

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Initial interest false advertising (aka bait and switch) in Google ads

Posted on October 17, 2016 by rtushnet

Beacon Plumbing & Mechanical Inc. v. Sposari Inc., 2016 WL 5795282, No. C15-1613 (W.D. Wash. Mar. 17, 2016) Beacon sued defendants, including Sposari, which does buisiness as Mr. Rooter Plumbing Services, for trademark infringement and dilution (federal claim dismissed) and … Continue reading →

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Don’t sell a business and then keep running it

Posted on October 17, 2016 by rtushnet

Electrology Laboratory, Inc. v. Kunze, 169 F.Supp.3d 1119 (D. Colo. 2016) Larry Paul Kunze a/k/a Lorenzo Kunzel sold his family business, plaintiff ELI (d/b/a Rocky Mountain Laser College/RMLC), “but couldn’t give it up. So, as the evidence revealed, even while … Continue reading →

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biased survey dooms “ask your doctor” ad campaign for 5-Hour Energy

Posted on October 12, 2016 by rtushnet

Washington v. Living Essentials, LLC, NO. 14-2-19684-9 (King County Super. Ct. Oct. 10, 2016) The state sued Living Essentials seeking injunctive and declaratory relief under Washington’s Consumer Protection Act.  While the court found that some of the challenged 5-Hour Energy … Continue reading →

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Insert scatological pun here: cities’ lawsuit over flushable wipes mostly continues

Posted on October 4, 2016 by rtushnet

City of Wyoming v. Procter & Gamble Co., 2016 WL 5496321, No. 15-2101 (D. Minn. Sept. 28, 2016) “Hygienic wipes labeled and sold as ‘flushable’ have caused and are continuing to cause increased costs and property damage to the governmental … Continue reading →

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Lumps in materiality survey fail to justify its exclusion

Posted on October 3, 2016 by rtushnet

Select Comfort Corp. v. Tempur Sealy Int’l, Inc., No. 13-2451, 2016 WL 5496340 (D. Minn. Sept. 28, 2016) The court resolves various motions surrounding expert testimony in this false advertising case about the effects of certain comparative claims on Select … Continue reading →

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Migration of false/misleading divide into consumer protection claims continues in infant formula class action

Posted on October 3, 2016 by rtushnet

Hasemann v. Gerber Prods. Co., 2016 WL 5477595, No. 15-CV-2995 (E.D.N.Y. Sept. 28, 2016) In this putative class action, the plaintiffs alleged that Gerber’s advertising and marketing misrepresented that its Good Start infant formula reduces the risk that infants will … Continue reading →

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Failure to disclose expiration date when existence of expiration is disclosed isn’t misleading

Posted on October 3, 2016 by rtushnet

Cline v. TouchTunes Music Corp., 2016 WL 5478432, No. 14 Civ. 4744 (S.D.N.Y. Sept. 29, 2016) A couple of general points from this state law class action over a music service: GBL Section 349 makes unlawful “[d]eceptive acts or practices … Continue reading →

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