Tag Archives: false advertising

Advertiser’s self-voting on positive reviews as “helpful” may be false advertising

Posted on September 26, 2016 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 5106990, No. 13-CV-982 (D. Utah Sept. 19, 2016) Following up on its previous opinion, the court rules again about the possible falsity of reviews posted in exchange for undisclosed gifts of the … Continue reading →

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Speech in study would be commercial if knowingly false, court rules

Posted on September 26, 2016 by rtushnet

Crossfit, Inc. v. National Strength & Conditioning Ass’n, 2016 WL 5118530,  No. 14cv1191 (S.D. Cal. Sept. 21, 2016) CrossFit generates revenue by credentialing and certifying fitness trainers for a fee and through licensing the CrossFit trademark and other intellectual property … Continue reading →

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FTC wins second appellate victory over 230 defense

Posted on September 26, 2016 by rtushnet

FTC v. LeadClick Media, LLC, 15‐1009‐cv (2d Cir. Sept. 23, 2016) The FTC and Connecticut sued LeadClick over its role in the use of deceptive websites to market weight loss products. LeadClick managed a network of affiliates/publishers to advertise the … Continue reading →

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“unique” and “innovative” are puffery

Posted on September 22, 2016 by rtushnet

LoggerHead Tools, LLC v. Sears Holdings Corp., 2016 WL 5080028, No. 12-cv-9033 (N.D. Ill. Sept. 20, 2016) LoggerHead sued Sears under the Lanham Act and Illinois state law for false advertising; the court granted summary judgment to Sears.  LoggerHead sells … Continue reading →

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Using photos of competitor’s product confers statutory Lanham Act standing on competitor

Posted on September 20, 2016 by rtushnet

Joseph Paul Corp. v. Trademark Custom Homes, Inc., 2016 WL 4944370, No. 3:16-CV-1651 (N.D. Tex. Sept. 16, 2016) JP Homes sued Trademark, its principal, and homeowners for alleged violations of the Lanham Act and copyright infringement.  JP Homes alleged that … Continue reading →

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Celebrity spokesperson isn’t directly liable under California consumer protection law

Posted on September 19, 2016 by rtushnet

Luman v. Theismann, 647 Fed.Appx. 804 (9th Cir. 2016) Plaintiffs sued NAC Marketing Company and Joe Theismann for their advertising statements about NAC’s Super Beta Prostate product, bringing warranty claims as well as the usual California statutory claims.  Because one … Continue reading →

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No duty to disclose child labor production in California, court rules

Posted on September 19, 2016 by rtushnet

Hodsdon v. Mars, Inc., 162 F.Supp.3d 1016  (N.D. Cal. 2016) Mars sells chocolate, some of which comes from cocoa beans from Côte d’Ivoire, where trafficked children and forced laborers “wield dangerous tools, transport heavy loads, and face exposure to toxic … Continue reading →

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Another court finds that injury from fake “sale” prices is redressable

Posted on September 12, 2016 by rtushnet

Le v. Kohls Department Stores, Inc., 160 F. Supp. 3d 1096 (E.D. Wisc. 2016) Le sued under various state consumer protection statutes (and unjust enrichment), alleging that Kohls falsely advertised “sale” or “discount” prices off of the “regular” or “original” … Continue reading →

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NY law offers more than 43(a) when it comes to allegedly misleading omissions

Posted on September 6, 2016 by rtushnet

Casper Sleep, Inc. v. Mitcham, — F.Supp.3d —-, 2016 WL 4574388, 16 Civ. 3224 (S.D.N.Y. Sept. 1, 2016 Casper sells mattresses over the internet, while Mitcham and Mattress Nerd LLC operate a website that reviews mattresses. Casper sued under § … Continue reading →

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Inconceivable: allegedly made-up price comparison allows consumer suit

Posted on August 25, 2016 by rtushnet

Chester v. TJX Cos., 2016 WL 4414768, No 5:15-cv-01437 (C.D. Cal. Aug. 18, 2016) When an opinion begins with the quote, “You keep using that word. I don’t think it means what you think it means,” it’s not going to … Continue reading →

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