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The Trademark Blog

Published by Martin Schwimmer

False Advertising

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Bausch & Lomb v. Alcon re False Advertising

By Marty Schwimmer on June 29, 2007
Posted in False Advertising

OSN: “Bausch & Lomb files lawsuit against Alcon alleging false advertising”
“Bausch & Lomb has filed a lawsuit against Alcon, alleging that it made false advertising claims about Bausch & Lomb’s contact lens solution, ReNu MultiPlus. The company seeks an injunction against Alcon’s advertising campaign and damages for loss of sales due to…

Carrefour Fined For False Advertising

By Marty Schwimmer on June 26, 2007
Posted in False Advertising

AFP: “Carrefour Stung With Fine For False Advertising” (Carrefour is the world’s second largest retailer, after Wal-Mart).

DirecTV v Comcast re HD

By Marty Schwimmer on May 20, 2007
Posted in False Advertising

More fighting re HD claims, this time re Comcast’s allegation that it provides a better HD image.

“Commercial Free” Suit Against XM Not Covered By Arb. Clause

By Marty Schwimmer on April 21, 2007
Posted in False Advertising

8th Circuit: Deceptive trade practice claim regarding XM’s claims that it is ‘commercial free’ not covered by arbitration clause. Text of decision here. Coverage here.

IMPORTANT – SAFETY RECALL

By Marty Schwimmer on April 6, 2007
Posted in False Advertising

Mid-Hudson News: “Car Delaers Settle With State AG For False Advertising:
” . . . Poughkeepsie Chevrolet mailed thousands of fliers to Hudson Valley owners of General Motors cars with a headline that read “IMPORTANT – SECOND NOTICE – SAFETY RECALL,” complete with a recall number, warning consumers that their vehicles “may be…

Dog Bites Man

By Marty Schwimmer on March 25, 2007
Posted in False Advertising

Law.com reports that if a company runs user-created ads without legal vetting, it exposes the company to legal risk.

If It Weren’t For Those Meddling Kids, Vitamin C Edition

By Marty Schwimmer on March 25, 2007
Posted in False Advertising

TVNZ: “Thirst For Knowledge Leads To Court“:
“Two Auckland schoolgirls have taken on one of the world’s most powerful food and drug companies and won.
A school science experiment has led to GlaxoSmithKline being prosecuted for allegedly misleading consumers about the vitamin c content of Ribena.”

PagRank Lawsuit Against Google Dismissed

By Marty Schwimmer on March 21, 2007
Posted in False Advertising, Libel/Defamation

43(B)log: “KinderStart v. Google dismissed” (Google assigned page rank of zero to plaintiff’s site).

Bizarre. Maybe It Was In A Lookalike Best Buy Store

By Marty Schwimmer on March 7, 2007
Posted in False Advertising

WaPo: “Best Buy Web Site Pricing Probed“:
“Best Buy is under investigation by Connecticut’s attorney general after consumers complained they were denied deals found at the electronic retailer’s Web site by store employees who pulled up a lookalike site that listed higher prices on some merchandise.”
Update: Engadget comments, quoting Best Buy that…

“Makers Of Enviga Drink Face False Advertising Suit”

By Marty Schwimmer on February 8, 2007
Posted in Advertising, False Advertising

CBS4Denver: “Makers Of Enviga Drink Face False Advertising Suit“: Health watchdog group sues makers of ENVIGA drink for negative calorie claim for green tea extract/caffeinated beverage.

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