43(B)log
NOVEMBER 23, 2022
In reliance, AHBP allegedly hired employees and designers, consulted with lawyers, accountants, biologists and virologists, rented warehouse and office space, and entered into contracts with buyers in Argentina. the Lanham Act false advertising claim survived. Comment: This is a proximate cause question.
43(B)log
DECEMBER 12, 2022
6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. In re Windstream Holdings, Inc., 2022 WL 5245633, No.
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43(B)log
APRIL 18, 2023
12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. But Defendants have brought on themselves these unfortunate consequences through their false advertising.”
43(B)log
SEPTEMBER 21, 2021
Thus, some but not all breach of contract claims survived. References in Columbia’s marketing materials to “the on-campus experience” were often mere puffery “too vague to be enforced as a contract,” such as a statement in a University publication that “Columbia is an in-person kind of place.” So too for similar Pace claims.
43(B)log
SEPTEMBER 28, 2021
Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Along with adding a defendant, Entrepreneur might eventually be allowed to add a false advertising claim, based on facts that were allegedly discovered only during Roach’s deposition.
43(B)log
SEPTEMBER 17, 2021
16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by fulfilling orders with products different from those advertised and shipping batteries to consumers that were “used, aged, or tampered-with.”
43(B)log
SEPTEMBER 10, 2021
“[G]iven both parties were competitors, it is reasonable to infer that an allegedly false statement based on allegedly faulty testing comparing Defendant’s product with ‘similar products,’ could damage competitors, like Plaintiff.” The court did express doubt about whether these claims would survive summary judgment.
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