Tag Archives: remedies

false advertising & bankruptcy law: $18 million for deceptive campaign in violation of automatic stay

Posted on August 9, 2021 by rtushnet

In re Windstream Holdings, Inc., 627 B.R. 32 (S.D.N.Y. 2021) Plaintiffs/Debtors argued, and the court held in relevant part, that defendants (Charter) breached the automatic stay by a literally false and intentionally misleading advertising campaign to induce the Debtors’ customers … Continue reading →

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literal falsity as Q of fact v. law and other important issues in a dueling ladder case

Posted on January 12, 2021 by rtushnet

Wing Enters., Inc. v. Tricam Indus., Inc., No. 17-cv-1769 (ECT/ECW), 2021 WL 63108 (D. Minn. Jan. 7, 2021) After remand because the court of appeals concluded that a materiality survey was wrongly excluded, the court here tries again in this … Continue reading →

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intentional misleadingness obviates need for deception evidence

Posted on December 11, 2020 by rtushnet

Aoki v. Gilbert, 2020 WL 6741693, No. 11-cv-02797-TLN-CKD (E.D. Cal. Nov. 17, 2020) The court explains: “Put most succinctly, at trial Plaintiffs contended Defendants infringed Dr. Aoki’s patents for his pulsed insulin diabetes treatment method; infringed Dr. Aoki’s copyrighted slides; … Continue reading →

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misbehavior in Amazon reviews + false ingredient claims = $9.5 million award

Posted on November 12, 2020 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc. 2020 WL 6581050, No. 13-cv-00982-DAK (D. Utah Nov. 10, 2020) This is a long-running supplement false advertising case involving both ingredient and “review” claims; here the district court resolves a number of issues, finding … Continue reading →

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lack of irreparable harm dooms injunction against false advertising of drug disposal product

Posted on October 19, 2020 by rtushnet

In re C2R Global Manufacturing, Inc., No. 18-30182-beh, 2020 WL 5941330 (E.D. Wisc. Bkcy Oct. 6, 2020) Verde sought a preliminary injunction against C2R, its direct competitor in the drug disposal market, from engaging in false and misleading advertising in … Continue reading →

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inability to rely on claims provides standing to seek injunctive relief in 9th Circuit

Posted on September 30, 2020 by rtushnet

Milan v. Clif Bar & Co., 2020 WL 5760450, No. 18-cv-02354-JD (N.D. Cal. Sept. 28, 2020) Plaintiffs brought the usual California claims against the “health and wellness message[s]” on defendant Clif Bar & Company’s “Kid Zbars” and “ ‘Classic’ Clif … Continue reading →

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restitution unavailable in fed ct when damages are adequate, no matter what Cal state cts say

Posted on September 24, 2020 by rtushnet

Sonner v. Premier Nutrition Corp., 971 F.3d 834 (9th Cir. 2020) In this amended opinion (original summarized here), the court elaborates on its reasoning that Sonner couldn’t abandon her damages claim on the eve of trial in this false advertising … Continue reading →

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Expedia’s unavailability claims sometimes literally false, maybe misleading; materiality is contested for trial

Posted on September 15, 2020 by rtushnet

Buckeye Tree Lodge v. Expedia, Inc., 2020 WL 5372246, No. 16-cv-04721-VC (N.D. Cal. Sept. 9, 2020) The court denies cross motions for summary judgment on whether Expedia violated the Lanham Act by suggesting that plaintiffs’ hotels could in theory be … Continue reading →

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seller’s private definition of “Made in USA” fails; disgorgement appropriate

Posted on September 9, 2020 by rtushnet

Newborn Bros. Co. v. Albion Engineering Co., 2020 WL 5015571, No. 12-2999 (NLH/KMW) After a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA” (a bit ironic given the name, … Continue reading →

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inhaler marketing is partly deceptive; P not required to resurvey revised material

Posted on September 8, 2020 by rtushnet

GlaxoSmithKline LLC v. Boehringer Ingelheim Pharms., Inc., 2020 WL 5258317, No. 19-5321 (E.D. Pa. Sept. 3, 2020) GSK partially succeeded and partially failed to preliminarily enjoin some of BI’s marketing in this case involving claims about different inhalers. Of broader … Continue reading →

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