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April 03, 2006

Nautilus Stretches Truth On NYLON

43 (b)log: ''False Marking And False Advertising of Exercise Machines" - Icon Health & Fitness, Inc., v. The Nautilus Group, Inc., 2006 WL 753002 (D. Utah) (Nautilus liable for falsely designating parts of its BowFlex machines as patented.)

Not as serious: Nautilus referring to nylon parts as 'Poly-Hexamethanline-Adipamide' (which is almost how you spell the chemical name for nylon).

Bonus link: NYLON is not an abbreviation for NY LONDON.

March 08, 2006

Consumer False Advertising Class Actions In Massachusetts

From Proskauer: Discussion of recent Massachusetts case concerning consumer class actions under Massachusetts Unfair Competition Law. HT 43(a) blog.

January 26, 2006

Dear Readers: Please Don't Get Any Ideas

OverLawyered reports on class action against James Frey for 'lost time' reading allegedly fake book.

January 09, 2006

Are Distribution Channel Communications Advertising?

From 43(B)log:

'Plaintiff . . . makes aftermarket leather seat covers for many different kinds of cars . . . Defendant Nissan has an approved aftermarket leather program (ALP) for some Nissan models, allowing Nissan dealers to buy aftermarket leather from approved vendors for installation by the vendors.

In 2003, in response to new federal air bag safety standards, Nissan began installing an 'advanced' air bag in some cars. This air bag uses a pressure sensor in the seat to detect whether a child or an adult is in the front passenger seat and thus turns off the passenger-side air bag when a child is present. Nissan soon decided to exclude cars with the advanced air bag from its ALP, based on concerns that installation of aftermarket leather could cause an air bag malfunction, posing a safety hazard. Nissan didn't conduct any tests to see whether this was true."

43(b)log discussion as to whether Nissan's bulletin to dealers constitutes 'advertising' for false advertising analysis here.

December 13, 2005

'False Statements About Trademark License Are Actionable"

43(B)log discusses Northern District Illinois case: 'False Statements About Trademark License Are Actionable.'

December 06, 2005

Instrument Shaped Objects For Beginners

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43(B)log re false advertising claim re instruments dissing mere instrument shaped objects.