Tag Archives: false

“Weight Loss” vs. “Weight Management”: Vitamin Shoppe Sidesteps False Advertising Suit

Putative class representative Andrea Nathan renewed her efforts to hold Vitamin Shoppe, Inc. liable under California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and breaches of express and implied warranties over Vitamin Shoppe’s “Garcinia Cambogia” dietary supplements … Continue reading

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allowing TM to be used to describe a different entity could be literally false lawyer advertising

Rosenbaum & Associates, P.C. v. Morgan & Morgan, 2018 WL 1768050, No. 17-4250 (E.D. Pa. Apr. 12, 2018)Rosenbaum sued various Morgan defendants for false advertising of personal injury lawyering services in Philadelphia.  Defendants started advertising Morgan & Morgan’s personal injury … Continue reading

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multi-million dollar award for trade secret theft & false advertising of "local" origin

Bimbo Bakeries USA, Inc. v. Sycamore, 2018 WL 1578115, No. 13-cv-00749-DN-DBP (D. Utah Mar. 29, 2018)A relatively large trade secret/false advertising verdict in this case.  Bimbo prevailed at trial on its trade secret claim that Sycamore revealed Bimbo Bakeries’ secret … Continue reading

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Out of Juice: Judge Denies Class Cert. in Tropicana False Label Suit

In 2011, plaintiffs launched a putative class action with class members from California, New York, New Jersey, and Wisconsin in a New Jersey district court against Tropicana Products, Inc., a division of PepsiCo, Inc. over Tropicana’s claim that its not-from-concentrate … Continue reading

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Use of photo beyond license window doesn't create false endorsement claim

Bovinett v. HomeAdvisor, Inc., No. 17 C 6229, 2018 WL 1234963 (N.D. Ill. Mar. 9, 2018)Bovinett, a model and actor, participated in a photoshoot for HomeAdvisor. Bovinett’s agent was allegedly assured that the photos would be used in static form … Continue reading

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