Tag Archives: falsity

Second Circuit rejects falsity by necessary implication claim for UL certification

Board-Tech Electronic Co. v. Eaton Corporation, Cooper Wiring Devices, Inc., — Fed.Appx. —-, 2018 WL 2901336, No. 17-3829-cv (2d Cir. Jun. 11, 2018)Board-Tech and Eaton compete in the market for decorative light switches. Underwriters Laboratories (UL) is an independent entity … Continue reading

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Damage causation in false advertising can't assume that all harm was caused by falsity

Dependable Sales & Service, Inc. v. TrueCar, Inc., — F.Supp.3d —-, 2018 WL 2356658, No. 15-cv-1742 (S.D.N.Y. May 9, 2018)Plaintiffs, 108 individual automobile dealerships, alleged false advertising by TrueCar’s ads promising a “no-haggle,” no-negotiation car-buying experience, thus diverting business from … Continue reading

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Something smells bad: 8th Circuit reverses literal falsity holding

Buetow v. A.L.S. Enterprises, Inc., — F.3d —-, 2011 WL 3611488 (8th Cir.) Another day, another decision making it harder to recover for false advertising. Game animals use their senses of smell to avoid hunters, who therefore like clothes with … Continue reading

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Merck keeps two falsity cases alive against supplement ingredient makers

Merck Eprova AG v. Brookstone Pharms., LLC, 2011 WL 1142989 (S.D.N.Y.) Merck sued Brookstone for false advertising, contributory false advertising, unfair competition, and deceptive trade practices. The parties cross-moved for summary judgment, and both were denied. Merck makes Metafolin, sold … Continue reading

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Merck keeps two falsity cases alive against supplement ingredient makers

Merck Eprova AG v. Brookstone Pharms., LLC, 2011 WL 1142989 (S.D.N.Y.) Merck sued Brookstone for false advertising, contributory false advertising, unfair competition, and deceptive trade practices. The parties cross-moved for summary judgment, and both were denied. Merck makes Metafolin, sold … Continue reading

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