Friday, September 22, 2023

Proximate cause defeats false advertising claims against standard setting body allegedly packed by competitors

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Geomatrix, LLC v. NSF International, --- F.4th ----, 2023 WL 5925977, No. 22-1947 (6th Cir. Sept. 12, 2023) Discussion of opinion below . ...

Marketplace appearance: false advertising cases are fun!

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 Transcript here.
Thursday, September 21, 2023

claims against Starbucks fruit drinks without named fruit can continue

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Kominis v. Starbucks Corp., 2023 WL 6066199, No. 22 Civ. 6673 (JPC) (S.D.N.Y. Sept. 18, 2023) Plaintiffs alleged violations of New York an...
Monday, September 18, 2023

Promoting a product with images of a person who died using the company's products

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 From my spouse: Renault's new Rafale is named for a Renault plane and promoted with images/the story of Hélène Boucher, who died flyi...
Thursday, September 14, 2023

New engagement ring opinion from Mass. appeals court

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Read it here. Many years ago, I wrote a note about  these disputes seeking return of engagement rings after a broken engagement, which is ...
Monday, September 11, 2023

5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

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Rex Real Estate I, L.P. v. Rex Real Estate Exchange, Incorporated, --- F.4th ----,  2023 WL 5735552, No. 22-50405 (5th Cir. Sept. 6, 2023) ...

Are Burger King menu boards whoppers?

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Coleman v. Burger King Corp., No. 22-cv-20925-ALTMAN (S.D. Fla. Aug. 25, 2023) Plaintiffs alleged that Burger King, through its advertisem...
Thursday, September 07, 2023

claim that Adidas NHL jerseys are not "authentic" versions of on-ice jerseys can proceed

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Smith v. Adidas America, Inc., 2023 WL 5672576, No. 6:22-cv-788 (BKS/ML) (N.D.N.Y. Sept. 1, 2023) A non-food case litigated by Spencer She...

Microsoft's PR agency got Gannett sued by sending it an ad for its Superbowl Ad Meter

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Campbell v. Gannett Co., No. 4:21-00557-CV-RK (W.D. Mo. Aug. 15, 2023) This is a copyright suit against Gannett for advertising-like use o...

SlimFast products aren't "clinically proven," even if the SlimFast plan is, allowing false advertising claim to survive

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McCracken v. KSF Acquisition Corp., 2023 WL 5667869, No. 5:22-cv-01666-SB-SHK (C.D. Cal. Apr. 4, 2023) McCracken alleged that SlimFast foo...
Wednesday, September 06, 2023

plaintiff has standing to seek injunctive relief against allegedly falsely advertised penile implant

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Peña v. International Medical Devices, Inc., No. 2:22-cv-03391-SSS-PLAx, 2023 WL 5667568 (C.D. Cal. Apr. 17, 2023) Plaintiff brought the u...

gray marketer's counterclaims against Toyota survive, but it still must defend itself

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One case, two opinions. Toyota Motor Sales, U.S.A., Inc. v. Allen Interchange LLC, 2023 WL 5206884, No. 22-cv-1681 (KMM/JFD) (D. Minn. Aug. ...

"major flaw"/"tendency to shear" false advertising claims fail

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Shepard & Assoc., Inc. v. Lokring Tech., LLC, 2023 WL 5229803, No. 1:20-cv-02488 (N.D. Ohio Aug. 15, 2023) Lokring sells fittings for ...

Zillow's "agent" and "other" tabs were literally false where some agents ended up in "other" purgatory

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REX – Real Estate Exchange, Inc. v. Zillow, Inc., 2023 WL 5334389, No. C21-0312 TSZ (W.D. Wash. Aug. 18, 2023) Zillow aggregates listings ...

claims about legality of insurance service are falsifable

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Route App, Inc. v. Heuberger, 2023 WL 5334192, No. 2:22-cv-00291-TS-JCB (D. Utah Aug. 18, 2023) (magistrate) Route is a package tracking c...