15
Apr/09

6 Hour Energy Shot v 5 Hour Energy Shot


43(B)log: “5 Hour Power struck unfair blow against alleged infringer 6 hour.” Interesting fact pattern. Defendant received injunction against one competitor using a certain term, and issued a press release that falsely suggested that it had received a court order against all competitors using that term, subjecting plaintiff to lost sales.



10
Oct/08

NY State Sues Arbitron Over Portable People Meter


Reuters: “NY State Sues Arbitron Over Portable People Meter
as does the New Jersey attorney general.
UPDATE: Arbitron sues New Jersey.



29
Aug/08

UK iPhone Ad Banned for False Advertising


SlashDot: “iPhone Web Claims Draw Governmental Rebuke in UK“:
“Apple has been running an iPhone ad saying ‘all parts of the internet are on the iPhone’, but it had to be withdrawn after Britain’s Advertising Standards Authority ruled that it gave ‘a misleading impression of the internet capabilities of the iPhone’ because the iPhone cannot access Flash or Java – features that are essential to some websites. This raises an interesting issue of where do you draw the line between essential and non-essential features of websites. What should the web look like? Should government authorities be the ones making that decision?”



29
Aug/08

Cash vs Credit Prices on Gas Station Signage


Newsday: Gas Station owners say Cuomo’s charges are wrong:

Particularly grating on the retailers was the statement in Cuomo’s news releases saying the stations “engaged in false advertising by only listing the lower cash prices on their street view signage in order to lure patrons to the pump.” A story last week about the Long Island investigation said “both prices – one for cash and one for credit card payment – must be listed on all signs.”
Yesterday, both Beyer and Cohen said that’s inaccurate. State law allows retailers, if they wish, to post only the lower cash price on their large signs near the street as long as they make clear on the sign that the price is only for cash purchases and that signs on the pumps list both cash and credit prices.



2
Aug/08

Warning: $2000 Fine, 5 Years Imprisonment, or Both, For Any Person Interfering or Obstructing With Delivery Of This Letter, 18 Sec 1702 Code


or so Heritage Mortage Banking Corp. of Morristown, NJ would have you believe. Se Habla Espanol.



2
Jul/08

43(B)log: "Is it False To Make Your Competitor's Service Worse and Then Say You're Better?"


43(B)log: “Is it false to make your competitor’s service worse and then say you’re better?“:

NetQuote sued MostChoice, a competitor, and Brandon Byrd, its employee. NetQuote alleged that MostChoice employed Byrd to pretend to be individuals interested in insurance quotes. He thus submitted hundreds of false inquiries to NetQuote’s web site, knowing that NetQuote’s clients would receive bad information that could not lead to a sale. NetQuote’s clients complained about the bad information, and some ended their relationships with NetQuote. To add false advertising to injury, MostChoice advertised itself as having superior accuracy and reliability in insurance referrals compared to NetQuote.



26
Jun/08

"Tyson Faces Second False Advertising Suit Over 'Antibiotic Free' Claims"


NewsInferno: “Tyson Faces Second False Advertising Suit Over ‘Anitbiotic Free’ Claims“:

Perdue’s issues stem from Tyson’s claims that its chickens were “raised without antibiotics” and, later, “raised without antibiotics that impact antibiotic resistance in humans.” In April, a U.S. District Court in Baltimore ruled that Tyson remove the claims from its advertising while the suit was pending and set a May 15 deadline to stop Tyson from running any of the “raised without antibiotics” advertisements.



3
May/08

"Court Upholds Dismissal of Suit Over Lawyer's Advertising"


MetNews.com: Court Upholds Dismiss of Suit Over Lawyer’s Advertising

A libel action by a manufacturer against an attorney who published a newspaper advertisement stating that users of that manufacturer’s product “may” have claims to relief constituted a strategic lawsuit against public participation, the Sixth District Court of Appeal has held.



28
Apr/08

"UK Cracks Down on Word-of-Mouth With Tough Restrictions"


AdAge: “UK Cracks Down on Word-of-Mouth With Tough Restrictions“:

Word-of-mouth marketing in the U.K. will face radical restrictions starting May 26, when it will become a criminal offense for brands to seed positive messages online without making the origin of the message clear.



27
Apr/08

Whether Or Not Bats Were Made In Cooperstown


43(B)log: The Meaning Of “Commemorative Baseball Bat:

Plaintiff (d/b/a Where It All Began) alleged that defendant (d/b/a Cooperstown Bat Co.) engaged in false advertising of its commemorative baseball bats in Cooperstown, falsely claiming to “manufacture” and “make” baseball bats and to make them in Cooperstown (“where it all began”), when in fact the bats are mostly made in defendant’s factory two miles outside Cooperstown.