News & Analysis as of

Deceptive Intent

Why 2nd Time Was Not The Charm For Baby Food Class Cert.

by Morrison & Foerster LLP on

On remand from the Ninth Circuit, Judge Koh last month nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying the...more

California Court Tosses New York Claims

New York’s consumer protection law does not protect out-of-state consumers, a California judge has ruled when dismissing claims from the Empire State in a multidistrict litigation (MDL) against Lenovo Inc....more

Deceptive Pricing Suit Survives Dismissal Motion

A deceptive pricing suit against Hobby Lobby will move forward after a California federal court judge denied the company’s motion to dismiss....more

Ad Agency Pays FTC $2M in Record Deal

In the largest payment ever made by an advertising agency in a Federal Trade Commission (FTC) action, Marketing Architects agreed to pay $2 million over allegedly deceptive radio ads for weight loss products....more

Second Time Is Not the Charm: Judge Koh Slams Plaintiff’s Second Bid for Class Certification in Baby Food Case

On remand from the Ninth Circuit, Judge Koh nixed a plaintiff’s second attempt to certify a nationwide class of Gerber’s baby food purchasers. Her decision is notable for two reasons. First, in denying plaintiff’s Rule...more

No Rehearing on Inequitable Conduct

by McDermott Will & Emery on

Over a vigorous dissent, the US Court of Appeals for the Federal Circuit issued a per curiam order denying a petition for panel rehearing and en banc rehearing of its earlier inequitable conduct decision. Regeneron...more

District Court Denies Motion to Dismiss Deception Claims against Brewer

by McDermott Will & Emery on

On January 17, 2018, the United States District Court for the Northern District of California issued a decision in yet another putative class action alleging that a beer brand’s labeling and marketing was false and deceptive....more

FTC Wins Default Judgment Against Prize Scam Defendants

The Federal Trade Commission (FTC) put an end to a phony prize scam with a default judgment entered by a California federal court judge in a case that was part of an international law enforcement initiative against mass-mail...more

Lack of Injury Dooms Deceptive Pricing Suit

Finding that Burberry outlet shoppers suffered no injury, a New York federal court judge tossed a deceptive pricing class action. Thomas Belcastro purchased five shirts from Burberry outlet stores in Florida between 2014...more

Deceptive Marketing Practices Cost Bank $5M

A state-chartered bank based in Missouri must pay $5 million pursuant to a Consent Order with the Board of Governors of the Federal Reserve System resulting from charges of deceptive marketing practices....more

Competitor’s Claim of False Advertising Through Use of Certification Mark Dismissed

by Dorsey & Whitney LLP on

In Board-Tech Elec. Co. v. Eaton Electric Holdings LLC, the U.S. District Court for the Southern District of New York recently dismissed a novel claim that a competitor’s authorized use of a third party’s certification mark...more

FTC Launches ‘Game of Loans’ Initiative

Deceptive student loan debt relief scams are the target of a new coordinated federal-state law enforcement initiative led by the Federal Trade Commission (FTC)....more

California AG Thirsty for Action Against Gatorade

The Gatorade Company violated state law by urging players of its advergame to ditch water for the sports drink, California’s attorney general alleged in an action against the company....more

Claim Dismissed Against Brand For Deceptive Label, But Retailer May Still Pay - Eidelman v. Sun Prod. Corp., No. 16-cv-3914 (NSR)...

by Carlton Fields on

A negligent misrepresentation claim against laundry detergent brand The Sun Products Corp., for an allegedly deceptive label was dismissed by a New York federal district judge, while an unjust enrichment claim against...more

FTC Issues Revised Online Endorsement Guidelines

by Revision Legal on

As many know, the Federal Trade Commission (“FTC”) regulates unfair and deceptive business practices including such practices on the internet. One of the more vexing recent issues has been business use of “consumer” reviews,...more

Lack of Injury Costs Plaintiffs Their Deceptive Pricing Suit

Not long after the U.S. Court of Appeals, First Circuit tossed deceptive pricing claims for lack of injury, a California federal court reached a similar result in a putative class action against Ross Stores Inc. for...more

Finding No Injury, First Circuit Tosses Deceptive Pricing Suits

In affirming the dismissal of a pair of deceptive-pricing class actions, the U.S. Court of Appeals, First Circuit, said the plaintiffs failed to demonstrate that they suffered any injury. In separate cases—one against...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Regeneron v. Merus, a divided panel affirms a determination of unenforceability for violation of the duty of disclosure. What is interesting about the case is that neither the district court nor the majority reviewed...more

Case Targets Deceptive Trademark Solicitations

by Morrison & Foerster LLP on

Applicants and registrants of trademarks are inundated with offers to perform potentially unnecessary services. These solicitations often come in the form of invoices, with prominent and false “due dates.” Other times, they...more

Advertising Law - July 2017 #2

NAD Considers Grocery Store Claims, Including Jurisdiction Question - A grocery store chain should discontinue comparative pricing claims, the National Advertising Division recommended in a new decision, finding the...more

Retail and Consumer Products Law Roundup - June 2017

Revocation? Think Again. - On June 22, the U.S. Court of Appeals, Second Circuit issued what might be the most business-friendly Telephone Consumer Protection Act (TCPA) decision we have seen in a long time in Reyes v....more

Advertising Law - June 2017 #4

Website, Mobile App Get Changes Thanks to CARU - A new decision from the Children’s Advertising Review Unit demonstrates the self-regulatory body’s efforts to work with a mobile application and website operator to ensure...more

Advertising Law - June 2017 #2

BART’s App Crashes Into Privacy Suit - San Francisco’s mass transit organization crashed into a class action in which the plaintiff alleged that its mobile app has been illegally collecting personal information from users....more

Is Trademark Use in Google AdWords Trademark Infringement?

by Knobbe Martens on

Does the use of Google AdWords amount to the advertising, promoting, marketing, or offering for sale of goods covered by a registered trademark? Tipsy Elves, LLC. vs. Ugly Christmas Sweater, Inc. is the latest in a string of...more

CFPB Hits Student Loan Servicer With Lawsuit

The Consumer Financial Protection Bureau (CFPB) has sued a major student loan servicer as detailed by the complaint filed in Pennsylvania federal court....more

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