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Tag Archives: standing
Certified party lacks standing to challenge certifier’s claims to fairness
Camarda v. Certified Financial Planner Board of Standards, Inc, 2015 WL 13159050, No. 13-00871 (D.D.C. Jul. 6, 2015) Westlaw’s impenetrable algorithm threw this up, and I’m blogging it now because of the relatively rare discussion of direct causation under Lexmark. … Continue reading
a true story of a false advertising claim based on a “true story”
Incarcerated Entertainment, LLC v. Warner Bros. Pictures, No. 16-cv-1302 (M.D. Fla. May 10, 2017) Plaintiff alleged that it owned the rights to the life story of Efraim Diveroli and sued Warner for false advertising and unfair competition, based on Warner’s … Continue reading
Having a product in development isn’t enough for Lanham Act standing
Pulse Health LLC v. Akers Biosciences, Inc., 2017 WL 1371272, No. 16-cv-01919 (D. Or. Apr. 14, 2017) Pulse was formed to develop a product that can measure aldehyde molecules in human breath via a non-invasive hand-held device. Its device was … Continue reading
GM’s defeat device is almost by definition fraudulent omission
Counts v. General Motors, LLC, No. 16-cv-12541, 2017 WL 588457 (E.D. Mich. Feb. 14, 2017) Plaintiffs sued GM for deceptive advertising, breach of contract, and fraudulent concealment claims under the laws of thirty states based on GM’s alleged installation of … Continue reading
Exposure to false advertising doesn’t create Article III standing
Truthinadvertisingenforcers.com v. Dish Network, LLC, No. 8:16–cv–2366, 2016 WL 7230955 (M.D. Fla. Dec. 14, 2016) Pro se plaintiff TruthInAdvertisingEnforcers.com is a website solely owned by Gerald Collette, who received the advertisements at issue at his residence. Defendants include five internet … Continue reading
When Lexmark raises the standard: competitor fails to show harm causation from literal falsity
Snac Lite, LLC v. Nuts ‘N More, LLC, 2016 WL 6778268, No. 14-cv-01695 (N.D. Ala. Nov. 16, 2016) Snac Lite sued NNM for misrepresenting the protein content of its specialty nut butters. The court granted summary judgment, despite past literally … Continue reading
