3/2/2024 11:55:51 PM Swimming Pool Parts Manufacturer Owes $15 Million for False Advertising By Kimberly Maynard Last week, a North Carolina federal jury charged Blueworks Corp., a swimming pool equipment manufacturer, with $14.7 million in damages...
8/24/2023 7:16:42 PM Car Dealer Shared Viral Video of Truck in Tornado ... and Then Got Sued for Infringement By Brian Murphy This case is about what can happen when an advertiser (here, a Chevy dealer) modifies and then shares on Facebook a viral video (showing...
7/6/2023 11:53:15 AM Tracy Anderson vs. Megan Roup - Round 2 By Brian Murphy This is an update on the lawsuit between fitness guru Tracy Anderson and her former employee (and current competitor) Megan Roup, which I...
2/14/2023 7:44:34 PM Does Adding a Spiral Binding to a Book Create a Derivative Work Under Copyright Law? By Brian Murphy Plaintiff Steeplechase Arts & Production publishes musical instruction books, including Piano Book for Adult Beginners: Teach Yourself...
2/8/2023 5:04:10 PM Fast-Fashion Brand Zara Alleges "Massive Scam" By Regina Gerhardt Fashion retailer Zara—which is often accused of copying other brands' designs—has now filed its own copyright infringement lawsuit...
1/3/2023 1:54:54 PM Exercise Choreography and Alleged Betrayal: Tracy Anderson vs. Megan Roup By Brian Murphy Tracy Anderson, the self-described “fitness pioneer,” developed the Tracy Anderson Method (“TA Method”), a series of exercise routines...
1/7/2022 1:32:16 AM Shocking Lawsuit: Did You Know That The Giants and Jets Play Their Home Games in New Jersey?! By Edward H. Rosenthal When I first heard that a putative class action had been filed in federal court in New York against the NFL, Giants and Jets, I assumed...
11/28/2020 4:55:22 PM Court Holds Lanham Act Defendant Liable for Manipulated Product Reviews By Terri Seligman The US district court in Utah recently issued interesting Findings of Fact and Conclusions of Law in a Lanham Act case addressing, among...
8/3/2020 1:04:30 PM I See Me, I Sue You: Jordan Jumps at Card Cameos By Mma Afoaku Before the NBA season resumed down in Florida, basketball fans received a big dose of nostalgia with the 10 part airing of the...
6/29/2020 12:00:00 AM Court Deems Vanilla False Advertising Claims Too... Vanilla By Craig Whitney For those following our blogs, you've likely come across discussions of false advertising litigation trends involving the use of terms...
4/15/2020 12:00:00 AM False Advertising Beef: Second Circuit Decides No Reasonable Consumer Would Be Confused by Angus Steak Claim By Craig Whitney There are certain fundamental requirements that underlie most false advertising and deceptive business practices laws. There needs to be...
3/30/2020 10:44:45 PM YouTube is Not a Public Forum and Its Policies are Not Advertising By Craig Whitney Notwithstanding YouTube's significant role in public discourse--with more than 1.3 billion users and more than 30 million daily...
2/27/2020 12:00:00 AM Is "Pure" Honey Held to a Higher Standard than "Natural" Dog Food? By Craig Whitney Ok, so now I'm confused. Just recently, we discussed the dismissal of a putative class action where advertising dog food as "natural,"...
2/24/2020 12:00:00 AM "Natural" Claims Evaluated Through a Reasonable Consumer's Eyes, Naturally By Craig Whitney There are no shortage of consumer class action false advertising cases over the use of word "natural." It doesn't matter whether you...
10/21/2019 12:00:00 AM How Much Soda Can One Person Drink? By Craig Whitney Is enough ever enough? Apparently not when you're expecting unlimited refills. That's the issue at the heart of a recent false...
6/27/2019 12:00:00 AM False Advertising Litigation Alert: Using a Competing Product to Advertise Your Own May Not Be False Advertising By Craig Whitney Conventional wisdom would likely conclude that using an image of a competing product to advertise your own runs afoul of false...