Tag Archives: false advertising

Entitlement to disgorgement doesn’t create Lanham Act standing

Posted on May 12, 2016 by rtushnet

Gravelle v. Kaba Ilco Corp., 2016 WL 2644890, NO. 5:13-CV-642 (E.D.N.C. May 9, 2016) Simple, but worth having a cite: plaintiff claimed false advertising based on allegedly false patent marking.  He couldn’t show that the falsity was proximately connected to … Continue reading →

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There’s no cushioning this blow: Comparative advertising is copyright fair use

Posted on May 11, 2016 by rtushnet

Ashley Furniture Industries, Inc. v. American Signature, Inc., 2014 WL 11320708, No. 11–cv–427 (S.D. Ohio June 25, 2014)   This 2014 case just showed up in my Westclip search and is worth noting for adding to the small but consistent … Continue reading →

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Cal. court sensibly rejects Fourth Circuit’s GNC rule on consumer protection claims

Posted on April 22, 2016 by rtushnet

Mullins v. Premier Nutrition Corp., 2016 WL 1534784, No. 13-cv-01271 (N.D. Cal. Apr. 15, 2016) This case revisits an issue with which courts have struggled: when consumer plaintiffs plead that a product advertised as clinically proven isn’t, is that a … Continue reading →

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Minimal pleading of responsibility suffices to evade 230 dismissal

Posted on April 19, 2016 by rtushnet

Congoo, LLC v. Revcontent LLC, 2016 WL 1547171, No. 16-401 (D.N.J. Apr. 15, 2016)   The parties compete in the market for native advertising.  Congoo alleged that Revcontent caused false/misleading native advertising to be published.  Revcontent asserted §230 immunity.  The … Continue reading →

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Something smells: new product makes competitor’s claims instantly literally false

Posted on April 6, 2016 by rtushnet

Playtex Prods., LLC v. Munchkin, Inc., 2016 WL 1276450, No. 14-cv-1308 (S.D.N.Y. Mar. 29, 2016)   Playtex makes a diaper pail, the Diaper Genie, with three current varieties: Diaper Genie Elite, Diaper Genie Essentials, and Diaper Genie Mini. Soiled diapers … Continue reading →

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Anonymous defamatory posts are “advertising or promotion” under Lanham Act

Posted on March 4, 2016 by rtushnet

Romeo & Juliette Laser Hair Removal, Inc. v. Assara I LLC, 2016 WL 815205, No. 8-cv-0442 (S.D.N.Y. Feb. 29, 2016)   R&J sued Assara and a number of related people eight years ago.  The parties compete to offer laser hair … Continue reading →

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Fraud claim by NY AG against Donald Trump revived on appeal

Posted on March 2, 2016 by rtushnet

People ex rel. Schneiderman v. Trump Entrepreneur Initiative LLC, — N.Y.S.3d —-, 2016 WL 783216, 2016 N.Y. Slip Op. 01430 (Sup. Ct. Mar. 1, 2016)   Snarky political note: It doesn’t appear that Trump could object to this ruling on … Continue reading →

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Hidden connections between doctors and the drugs they promote

Posted on March 2, 2016 by rtushnet

The violations of the FTC Endorsement Guidelines seem very clear in the stories recounted by this Boston Globe investigation.  H/T ST. from Blogger http://ift.tt/1UyHnQD

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Ingredient supplier has standing to challenge supplement claims

Posted on February 29, 2016 by rtushnet

Obesity Research Institute, LLC v. Fiber Research International, LLC, 2016 WL 739796,  No. 15-cv-00595 (S.D. Cal. Feb. 25, 2016)   Fiber Research alleged that Obesity Research made claims for its weight loss product, Lipozene, touting clinical testing supporting the role … Continue reading →

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Advertising law at Cardozo

Posted on February 26, 2016 by rtushnet

Cardozo Law Conference: New Impressions of Advertising Law   Panel 1: False Advertising (herein of Pom Wonderful v. FTC) Moderator: Brett Frischmann | Professor and Director, Cardozo Intellectual Property & Information Law Program, Benjamin N. Cardozo School of Law   … Continue reading →

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