Tag Archives: false advertising

National Review reports on false advertising suit against Trump University

Posted on February 25, 2016 by rtushnet

Hey, the National Review found a consumer protection lawsuit it likes: the one against Trump University.  If he’s elected, do we get to call him the Conman-in-Chief? from Blogger http://ift.tt/1WLfYtg

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Second Circuit upholds law against “credit surcharges” that allows “cash discounts”

Posted on February 22, 2016 by rtushnet

Expressions Hair Design v. Schneiderman, 803 F. 3d 94 (2d Cir. 2015)   Somehow I missed this when it came out last September! New York General Business Law § 518 provides that “[n]o seller in any sales transaction may impose … Continue reading →

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Speech about a concluded, one-off auction isn’t advertising or promotion

Posted on February 1, 2016 by rtushnet

Reese v. Pook & Pook, LLC., 2016 WL 337022, No. 14-5715 (E.D. Pa. Jan. 27, 2016)   The Reeses collected antique toys, and filed for bankruptcy, at which point they were required to sell some of their collection. Defendant Pook … Continue reading →

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Court rejects Zippo jurisdiction test but allows suit over alleged copying

Posted on January 25, 2016 by rtushnet

Kindig It Design, Inc. v. Creative Controls, Inc., — F. Supp. 3d —-, 2016 WL 247574,  No. 2:14-cv-00867 (D. Utah Jan. 20, 2016)   Mostly a personal jurisdiction ruling in this copyright/patent infringement/false advertising case brought by Kindig, which customizes … Continue reading →

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reverse passing off still actionable as false advertising, court reminds us

Posted on January 22, 2016 by rtushnet

OTR Wheel Engineering, Inc. v. West Worldwide Services, Inc., 2016 WL 236231, No. CV-14-085 (E.D. Wash. Jan. 20, 2016) Interesting little case that doesn’t mention Dastar, but is a rare application of the Dastar principle that reverse passing off can … Continue reading →

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NY has jurisdiction over out-of-state processor for alleged magazine scammer

Posted on January 21, 2016 by rtushnet

People v. Orbital Pub’g Gp., Inc., 21 N.Y.S.3d 573 (Supreme Ct. 2015)   The AG alleged violations of NY state consumer protection law, including a law specific to magazine subscription sales, involved here.  Respondents send official-looking solicitations that allegedly misled … Continue reading →

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Going to the mattresses without initial interest confusion

Posted on January 15, 2016 by rtushnet

Select Comfort Corporation v. Baxter, No. 12-2899, 2016 WL 158516 (D. Minn. Jan. 13, 2016)   A lot of stuff going on here. The parties compete in the market for adjustable air beds and related products. Select Comfort has a … Continue reading →

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Is it safe? Uber’s media statements about safety are commercial speech

Posted on January 12, 2016 by rtushnet

Greater Houston Transportation Company v. Uber Technologies, Inc., — F.Supp.3d —-, No. 4.14-0941, 2015 WL 9660022 (S.D. Tex. Dec. 18, 2015)   [Yes, I know, but I couldn’t find a relevant Taxi Driver quote.]   Previous opinion discussed earlier in … Continue reading →

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Failure to show harm dooms many claims based on negative press release

Posted on January 6, 2016 by rtushnet

Synygy, Inc. v. ZS Associates, Inc., — F.Supp.3d —-, 2015 WL 5818510, No. 10-4274 (E.D. Pa. July 30, 2015)   Wow, this one’s been going on for a while.  Note that evidence of damages is key to the traditional, non-commercial-speech … Continue reading →

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Bait and switch on different versions of the same brand isn’t TM infringement

Posted on December 31, 2015 by rtushnet

Adobe Sys. Inc. v. Christenson, No. 12-1731 (9th Cir. Dec. 30, 2015)   Adobe loses this case because of pleading and discovery choices, allowing the 9th Circuit to avoid harder first sale questions.  Christenson sold Adobe software, which he purchased … Continue reading →

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