Tag Archives: false advertising

UK ASA doesn’t think “in association with” is enough to disclose an ad

Posted on December 30, 2015 by rtushnet

See this ruling on an ad for Michelin tires.  Note also the stricter regulation of comparative advertising than in the US. from Blogger http://ift.tt/1R8pIgy

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Puerto Rico registration can’t constitutionally extend elsewhere

Posted on December 17, 2015 by rtushnet

Puerto Rico Coffee Roasters LLC v. Pan American Grain Manufacturing Co., Inc., 2015 WL 8551102, No. 3:15–CV–02099 (D.P.R. Dec. 11, 2015)   P.R. Coffee Roasters, which sells “Café Rico” coffee in P.R., sued Pan American for trademark infringement, false advertising, … Continue reading →

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California false advertising requires “advertising,” but unfair competition doesn’t

Posted on December 15, 2015 by rtushnet

Golden v. Sound Inpatient Physicians Medical Group, Inc., No. 14-cv-00497, 2015 WL 8539034 (E.D. Cal. Dec. 11, 2015)   Golden, a medical doctor, was a VP of medical affairs/chief quality officer at Dameron Hospital from 2008-2012.  Golden was also the … Continue reading →

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California claims against false use of “organic” not preempted

Posted on December 7, 2015 by rtushnet

Quesada v. Herb Thyme Farms, Inc., 2015 WL 7770635, No. S216305 (Cal. S.Ct. Dec. 3, 2015)   Labels matter to consumers, and misrepresentations on labels hurt consumers in their search for information and also disadvantage honest producers attempting to differentiate … Continue reading →

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is “this video has been removed for violating the ToS” commercial advertising?

Posted on December 7, 2015 by rtushnet

Darnaa, LLC v. Google, Inc., 2015 WL 7753406, No. 15-cv-03221 (N.D. Cal. Dec. 2, 2015)   Darnaa posted a music video, Cowgirl, to YouTube.  At one point, YouTube removed the video from its original location, later reposting it at a … Continue reading →

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Metaphor likening plaintiff to peeping Tom is opinion, not fact

Posted on December 1, 2015 by rtushnet

Right Field Rooftops, LLC v. Chicago Cubs Baseball Club, LLC, — F.Supp.3d —-, 2015 WL 5731736, No. 15 C 551 (N.D. Ill. Sept. 30, 2015)   The Rooftops allowed patrons to view live Cubs games from their location near Wrigley … Continue reading →

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Pairing map with EPA mileage claims can misrepresent real-world mileage

Posted on November 30, 2015 by rtushnet

Kim v. General Motors, LLC, 99 F. Supp. 3d 1096 (C.D. Cal. 2015)   Kim sued GM for misleadingly advertising EPA estimated mileage figures and numbers derived from these figures as “actual, expected mileage under normal, real world driving conditions.” … Continue reading →

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If only the last Trump would sound: Trump University case continues

Posted on November 23, 2015 by rtushnet

Makaeff v. Trump University, LLC, 2015 WL 7302728, No. 10cv0940 (S.D. Cal. Nov. 18, 2015)   Charlatan and budding fascist Donald Trump failed to get rid of many consumer protection claims against him and his “Trump University” (now renamed).  Can’t … Continue reading →

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Statement isn’t literally false when plaintiff can’t definitely be identified from it

Posted on November 18, 2015 by rtushnet

Service Jewelry Repair, Inc. v. Cumulus Broadcasting, LLC, 2015 WL 7112334, No. 14–cv–1901 (M.D. Tenn. Nov. 13, 2015)   Service Jewelry provides jewelry sales and services; from 2010-2014, it promoted its products on a local radio station, WWTN-FM, by buying … Continue reading →

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Why we need an anti-SLAPP law: skeptic’s articles still not commercial speech

Posted on November 9, 2015 by rtushnet

Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 6777458 (S.D. Fla. Sept. 30, 2015)   This case is a good example of the need for a federal anti-SLAPP statute.  Although many claims have been dismissed, the court here finally resolved Lanham … Continue reading →

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