Tag Archives: false advertising

“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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

Trump hotel fails in suit against unionizers

Posted on August 15, 2016 by rtushnet

Trump Ruffin Commercial, LLC v. Local Joint Executive Board Las Vegas, Culinary Workers Union Local 226, No. 15-cv-01984, 2016 WL 4208437 (D. Nev. Aug. 8, 2016) Plaintiff corporations own and operate Trump Hotel Las Vegas. Defendants are labor unions attempting … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

ADR website was commercial speech for purposes of client’s false advertising lawsuit

Posted on July 29, 2016 by rtushnet

JAMS, Inc. v. Superior Court of San Diego County, No. D069862, — Cal. Rptr. 3d —-, 2016 WL 4014068 (Cal. Ct. App. Jul. 27, 2016) Kevin Kinsella sued JAMS, an ADR provider, and the Honorable Sheila Prell Sonenshine (Retired), alleging … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Settlement class can’t stand where settlement notice gave mistaken info

Posted on July 22, 2016 by rtushnet

Duran v. Obesity Research Institute, LLC, No. D067917, 2016 WL 3913205 (Cal. Ct. App. Jun. 23, 2016) Duran sued ORI and Wal-Mart for allegedly falsely advertising the weight loss benefits of Lipozene and MetaboUp. The court approved a claims-made settlement … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment