This is a lawsuit my firm filed against a company that we allege is a ‘trademark scammer.’ Defendants moved to dismiss. The Court maintained our false advertising claim. 43(b)log comments here.
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As if I didn’t have enough on my mind, after reading this complaint about allegedly false statements about whether there is enough silver in defendant’s keyboards to make them ‘anti-microbial’, I am now worried about microbes in my keyboard. Quick, get the compressed air.
man _ machine v seal shield.pdf
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Defendant supermarket’ ran two ads titled “Save More Every Time You Shop”, one with a subtitle “Eileen Saved 9% at Stop & Shop” and one with a subtitle “Diane Saved 19% at Stop & Shop.” The ad indicates that on two specifed days, the same items purchased at the A&P were correspondingly less at the
SwipeBids and QuiBids are ‘pay per bid’ auction sites. They will promote prior sales of popular consumer electronics and other items for very low prices. For example, on SwipeBids right now, it indicates that it sold an Apple MacBook Pro for $387, and a $20 Amazon Gift Card for $2. How do they do it?
Plaintiff Budget Van Lines alleges that defendant MovingScam.com purports to be a review site of moving sites, not properly disclosing that it has ties to its favorably-rated moving companies.
Complaint Budget Van Lines Moving Scam
I agree with 43(B)log: this ‘commercial speech’ case has interesting ramifications wrt ‘anonymous’ plants and false advertising:
The FDA seized one shipment of plaintiff’s product (West Indian spices) because it was tainted. A local newspaper targeting the West Indian community reported on the seizure in an article that ‘reads as if’ it were written by
Geo Targeting is the method of determining the location of a website visitor and delivering different content to that visitor based on that location. Today I saw an ad the headline of which was “Housewife From [location of my ISP] Loses 47 Pounds Drinking Acai Berry Juice!” and the copy of which referred to ‘Jane
WSJ: Kills 99.9% of Germs – Under Some Lab Conditions:
Everything from hand-sanitizing liquids to products like computer keyboards, shopping carts and tissues tout that they kill 99.9%, or 99.99%, of common bacteria and fungi.
But some of these numbers look like the test scores in a class with a very generous grading curve.
Action for declaratory judgment that Verizon Wireless’s advertising claims of having “America’s Most Reliable 3G Network.”
Complaint Best 3g Network
Coke’s POWERADE brand sports drink was contemplating how to take market share from segment leader Pepsi’s GATORADE product. It decided to tout the addition of calcium, magnesium and potassium. It ran a campaign describing these minerals as ‘critical’, describing POWERADE as ‘complete,’ describing GATORADE as ‘incomplete’ alongside a depiction of half a GATORADE bottle (pictured