Tag Archives: surveys

Flagging supplement case revived

Posted on April 22, 2016 by rtushnet

ThermoLife Intern., LLC v. Gaspari Nutrition Inc., — Fed.Appx. —-, 2016 WL 1460171, No. 14–15180 (9th Cir.  Apr. 14, 2016)   ThermoLife sued Gaspari (GNI) false advertising under the Lanham Act and unfair competition under Arizona common law, based on … Continue reading →

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Expert testimony in false advertising cases can rely on studies of other events

Posted on April 18, 2016 by rtushnet

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, 2016 WL 1464639, No. 3:14CV00016 (W.D. Va. Apr. 13, 2016)   Previous opinion on how announcing a product launch and not following up might be false advertising discussed here.  Here, the court resolves … 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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Bar review question: is this false advertising?

Posted on March 28, 2016 by rtushnet

Themis Bar Review, LLC v. Kaplan, Inc., 2016 WL 1162624, No. 14-cv-00208 (S.D. Cal. Mar. 24, 2016)   Themis, a relative newcomer to the bar review business, advertised its students’ bar passage rates; a 2013 ad listed passage rates for … Continue reading →

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Instant lack of gratification: coffee class certified

Posted on November 5, 2015 by rtushnet

Suchanek v. Sturm Foods, Inc., 2015 WL 6689359, No. 11-CV-565 (S.D. Ill. Nov. 3, 2015)   After the district court’s initial dismissal of this class action case was resoundingly reversed, the case returned and was here certified by a new … Continue reading →

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Do implicit falsity plaintiffs have to plead the existence of a survey?

Posted on September 2, 2015 by rtushnet

Vincent v. Utah Plastic Surgery Society, — Fed.Appx. —-, 2015 WL 5090868, No. 13–4146 (10th Cir. Aug. 31, 2015)   Plaintiffs (cosmetic surgeons) sued defendants (plastic surgeons) for false advertising under the Lanham Act and monopolization under the Sherman Act … Continue reading →

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