Tag Archives: false advertising

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 →

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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 →

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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 →

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Volunteer moderator plausibly alleged to be agent of ISP for 230 purposes

Posted on July 13, 2016 by rtushnet

Enigma Software Gp. USA LLC v. Bleeping Computer LLC, 16 CV 57 (S.D.N.Y. Jul. 8, 2016) Eric Goldman probably won’t like this decision holding that a volunteer moderator may be treated as the ISP’s agent when the ISP gives enough … Continue reading →

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Allegations of undisclosed sponsorship defeat anti-SLAPP motion at pleading stage

Posted on June 27, 2016 by rtushnet

Woodard v. Labrada, 2016 WL 3436434, No. 16-00189 (C.D. Cal. May 12, 2016) Woodard brought a putative class action alleging that various defendants (Media Defendants) misrepresented the weight loss benefits of weight loss supplement products made by the Manufacturing Defendants. … Continue reading →

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class action complaint survives GNC in 4th Cir. by pleading misleadingness

Posted on June 24, 2016 by rtushnet

Midwestern Midget Football Club Inc. v. Riddell, Inc., 2016 WL 3406129, No. 2:15-00244 (S.D. W. Va. Jun. 17, 2016) Midwestern is a nonprofit youth football organization, and Riddell makes helmets for football players.  Midwestern bought 12-24 Riddell Revolution Helmets per … Continue reading →

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Certification nonprofit engaged in commercial speech when it badmouthed uncertified seller

Posted on June 20, 2016 by rtushnet

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., 2016 WL 3348431, No. 16-cv-592 (E.D. Va. Jun. 15, 2016)   Nice thorough opinion playing out the interaction between Lexmark and the definition of “commercial advertising or promotion.”  The USDA … Continue reading →

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Amicus in Lanham Act/commercial speech case

Posted on May 31, 2016 by rtushnet

Mark McKenna just filed this brief on behalf of law professors, including me, supporting a simple resolution of Tobinick v. Novella, which should be an easy case (and in easy cases it may be tempting to sweep too broadly). from … Continue reading →

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Notre Dame Deception Roundtable, part 2

Posted on May 20, 2016 by rtushnet

Session 2 – Privacy and Technology Discussion Leaders: Ryan Calo, Aaron Perzanowski, Woody Hartzog, Danielle Citron   Matwyshyn: attempts to create commonality/familiarity w/consumer—good feeling.  Can also be a part of having ads be artistic expression.   Ryan Calo: important role … Continue reading →

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Notre Dame Deception Roundtable, part 1

Posted on May 20, 2016 by rtushnet

Deception Roundtable Notre Dame Law School, Chicago   Session 1 – Advertising and Trademark Discussion Leaders: Bill McGeveran, Mark McKenna, Zahr Said   Mark McKenna: deception comes up in many fields, but people aren’t talking to each other/citing each other … Continue reading →

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