Tag Archives: false advertising

seeds of disaster: Syngenta must continue to fight claims based on genetically altered seeds

Posted on September 28, 2015 by rtushnet

In re Syngenta AG MIR 162 Corn Litig., Nos. MDL 2591, 14–MD–2591–JWL, 2015 WL 5607600 (D. Kan. Sept. 11, 2015)   Corn producers, non-producer corn sellers, and milo producers sued Syngenta because of its production of genetically altered corn, which … Continue reading →

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omission from “comprehensive” database wasn’t actionable misrepresentation

Posted on September 24, 2015 by rtushnet

Alexso, Inc. v. First Databank, Inc., 2015 WL 5554005, No. CV 15-01893 (C.D. Cal. Sept. 21, 2015)   Alexso makes kits that pharmacies use to compound prescription drugs.  FDB publishes databases that provide information about drug products to the healthcare … Continue reading →

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Google can’t avoid class action just because damages are variable

Posted on September 22, 2015 by rtushnet

Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752 (9th Cir.  Sept. 21, 2015)   From 2004-08, many advertisers used Google’s AdWords to bid for Google to put their ads on websites. Pulaski sued under the California UCL and FAL, … Continue reading →

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A pox on both their steel buildings: unusual copyright and false advertising rulings

Posted on September 21, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — F. Supp. 3d –, No. 13-cv-00769, 2015 WL 5353080 (D. Colo. Sept. 15, 2015)   A bizarre copyright fair use ruling mars this iteration of this long-running, bitter dispute between the parties, … Continue reading →

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Another internal website search engine case survives motion to dismiss

Posted on September 8, 2015 by rtushnet

Stiles v. Wal-Mart Stores, Inc., 2015 WL 5173060, No. 2:14–CV–2234 (E.D. Cal. Sept. 2, 2015) (magistrate judge)   Stiles allegedly patented the “Stiles Razor,” the only personal styling razor with a 1/8” blade and ergonomic handle allowing for safe and … Continue reading →

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Upset tummies at P&G: Sixth Circuit affirms class certification on “snake oil” theory

Posted on August 28, 2015 by rtushnet

Rikos v. Procter & Gamble Co., — F.3d —-, 2015 WL 4978712 (6th Cir. June 16, 2015)   A court of appeals affirms the certification of a consumer protection class action, a rarity worth noting.   Plaintiffs bought Align, P&G’s … Continue reading →

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Court finds misleading omissions can deprive ISP of 230 protection

Posted on August 21, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, No. 14-cv-01932, 2015 WL 4911585 (D. Colo. Aug. 18, 2015)   General Steel sued Chumley and Atlantic Building, of which he was CEO, for false advertising, libel, and intentional interference with prospective business … Continue reading →

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Copyright infringement is channeled into (c), not state or Lanham Act claims

Posted on August 19, 2015 by rtushnet

Quadratec, Inc. v. Turn 5, Inc., 2015 WL 4876314, No. 13–6384 (E.D. Pa. Aug. 13, 2015)   The parties compete to sell removable soft tops and other aftermarket parts and accessories for Jeep vehicles. Quadratec alleged that it invests substantial … Continue reading →

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overclaiming study results to apply to unstudied product can be false/misleading

Posted on August 10, 2015 by rtushnet

In re Riddell Concussion Reduction Litig., No. 13–7585, 2015 WL 4640425 (D.N.J. Aug. 3, 2015)   The plaintiffs sued Riddell for marketing football helmets based on allegedly false or misleading claims that the helmets were equipped with unique concussion reduction … Continue reading →

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IPSC: Copyright again

Posted on August 7, 2015 by rtushnet

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading →

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