Tag Archives: literal

burger case involves unclean hands (ew) and literal falsity about beef amounts

In-N-Out Burgers v. Smashburger IP Holder LLC, 2018 WL 7891028, No. SACV 17-1474 JVS(DFMx) (C.D. Cal. Dec. 21, 2018)As relevant here, In-N-Out alleged that Smashburger falsely advertised its Triple Double hamburger as containing “Double the Beef” because the burger’s two … Continue reading

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Literal falsity about independence of tests/test results supports $18 million in disgorgement (incl. interest)

Dyson, Inc. v. SharkNinja Operating LLC, 2019 WL 1454509, No. 14 C 9442 (N.D. Ill. Mar. 31, 2019)Dyson sued SharkNinja in 2014 for false advertising.  SharkNinja won summary judgment except for Dyson’s literal falsity claim for the period from August … Continue reading

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failure to show damages from literal falsity still allowed injunctive relief

Nutrition Distribution LLC v. IronMag Labs, LLC, No. CV 15-8233-R, 2018 WL 6264986 (C.D. Cal. Nov. 16, 2018(“This is a false advertising case between two competitors in the business of selling fitness supplements.” IronMag allegedly unlawfully marketed its products as … Continue reading

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Warren wants to Turn the Internet into a Literal Sewer (Service)

Near the end of her new proposal to break up Facebook, Google, Amazon, and Apple, Senator Warren asks, “So what would the Internet look like after all these reforms?” It’s a good question, because, as she herself notes, “Twenty-five years … Continue reading

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literal falsity still needs to be material, and court wants a survey or other direct evidence thereof

LivePerson, Inc. v. [24]7.AI, Inc., 2018 WL 5849025, No. 17-cv-01268-JST (N.D. Cal. Oct. 26, 2018)LivePerson “provides online chat engagement services through a digital platform that it sells to website operators.” That is, it helps websites provide real-time text-based communications with … Continue reading

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