Tag Archives: false

statements about patent license status can violate Lanham Act's false advertising provisions

Au New Haven, LLC v. YKK Corp., No. 15-cv-3411-GHW-SN, 2019 WL 1437516 (S.D.N.Y. Mar. 31, 2019)Au holds the patent to a water-resistant zipper, and YKK had an exclusive “field of use” license that it allegedly exceeded, resulting in this lawsuit … Continue reading

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Gerber Good Start off to a bad start in false advertising/allergy case

Hasemann v. Gerber Products Co., 2019 WL 1434263, Nos. 15-CV-2995 (MKB) (RER), 16-CV-1153 (MKB) (RER), 17-CV-93 (MKB) (RER) (E.D.N.Y. Mar. 31, 2019)Hasemenn  alleged that Gerber misrepresented that its “Good Start Gentle” infant formula was the first and only formula that … Continue reading

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Supreme Court: Even One Who Did Not “Make” a False Statement May Still be Subject to Scheme Liability

In its 2011 decision in the Janus Group case, the U.S. Supreme Court held that one who does not “make” a false statement cannot be held liable under section (b) of Rule 10b-5. In an enforcement action brought against him … Continue reading

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claim to cure addiction can be false advertising, as can hidden bias

Grasshopper House, LLC v. Clean and Sober Media LLC, 2018 WL 6133710, No. 18-cv-00923-SVW-RAO (C.D. Cal. Oct. 18, 2018)This is a dispute about addiction treatment. Counterclaim plaintiff Cliffside alleged that counterdefendant Passages violated the Lanham Act (1) by maintaining and … Continue reading

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The DNA of Medicare Fraud & the False Claims Act

Genetic Testing Laboratory Pays $2 Million to Settle Allegations of Medicare Fraud The Justice Department announced a settlement last month with GenomeDx Biosciences Corp. (“GenomeDx”), a genetic testing laboratory based in Vancouver, British Columbia with offices in San Diego. GenomeDx agreed … Continue reading

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