Tag Archives: false advertising

Another circuit agrees that Dastar-barred claims can’t be repled as false advertising

Posted on August 7, 2015 by rtushnet

Kehoe Component Sales Inc. v. Best Lighting Products, Inc., — F.3d —-, No. 14–3347, 2015 WL 4635824 (6th Cir. Aug. 5, 2015)   Best asked Kehoe (“Pace”) to make specialized lighting products for Best.  After Pace made enough units to … Continue reading →

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IPSC: Other IP

Posted on August 6, 2015 by rtushnet

Other IP  [Insert wry commentary about “fringe” fields like advertising law]   Sarah Burstein, The University of Oklahoma College of Law Reviving Ornamentality    Fed. Cir. killed the doctrine.  Statute says new, original, and ornamental designs can get a design … Continue reading →

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Presumption of injury saves Lanham Act monetary award

Posted on August 5, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — Fed.Appx. —-, 2015 WL 4591924, Nos. 14–1119, 14–1121 (10th Cir. July 31, 2015)   Chumley formerly worked for General Steel, then founded Armstrong after an unfriendly parting.  The parties compete to sell … Continue reading →

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4th Circuit denies rehearing in In re GNC

Posted on July 29, 2015 by rtushnet

😦 If this ruling sticks and is actually applied in Lanham Act cases (something of which I am uncertain), then the resulting circuit split would probably justify Supreme Court review, given the Court’s newfound interest in 43(a)(1)(B). from Blogger http://ift.tt/1SguBHc

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Claims about computer expertise aren’t puffery to ordinary consumers

Posted on July 23, 2015 by rtushnet

Burton v. iYogi, Inc., 2015 WL 4385665, No. 13–CV–6926 (S.D.N.Y. Mar. 16, 2015)   iYogi provides computer diagnostics and repair, general troubleshooting, updates to computer drivers, security protection, and PC speed and performance optimization. To market itself, iYogi offers “Free … Continue reading →

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Uber’s safety claims not all puffery

Posted on July 22, 2015 by rtushnet

L.A. Taxi Cooperative, Inc. v. Uber Technologies, Inc., — F. Supp. 3d —-, 2015 WL 4397706, No. 15-cv-01257 (N.D. Cal. Jul. 17, 2015)   Uber makes various safety-related claims, such as its website’s claims to offer the “SAFEST RIDES ON … Continue reading →

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BBB claims about its own ratings process not protected by First Amendment

Posted on July 22, 2015 by rtushnet

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., No. 4D13-3916 (Fla. Ct. App. June 3, 2015) Expect more detailed analysis from Ann Lipton soon.   CC received an F grade from BBB and sued for … Continue reading →

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First Circuit lifts injunction requiring D’s use of (R) for P’s mark

Posted on July 21, 2015 by rtushnet

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., — F.3d —-, 2015 WL 4366624, No. 14–23241 (1st Cir. July 16, 2015) (Souter, J., sitting by designation)   The district court granted a preliminary injunction based on a contractual violation, but … Continue reading →

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What claims work when D allegedly drives P down in Google rank through copying?

Posted on July 17, 2015 by rtushnet

Ryoo Dental, Inc. v. Han, 2015 WL 4208580, No. 15–308 (C.D. Cal. Jul. 9, 2015)   Ryoo Dental, a dental practice, had a website to promote its services, and allegedly spent considerable sums on “search engine optimization fees, photographing, editing, … Continue reading →

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CD Cal rejects In re GNC for all the right reasons

Posted on July 16, 2015 by rtushnet

Zakaria v. Gerber Products Co., No. 15-cv-00200 (C.D. Cal. July 14, 2015)   Zakaria sued Gerber, bringing the usual California claims, based on Gerber’s alleged misrepresentations that Good Start Gentle infant formula reduces the risk to infants of developing atopic … Continue reading →

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