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30 Jan 2012, 8:05 pm
This posting was written by William Zale, Editor of CCH Advertising Law Guide.Certification of a nationwide class was vacated by the U.S. [read post]
22 Sep 2011, 8:02 am
The Rogers test had been applied in cases when the appropriation of a celebrity likeness created a false and misleading impression that the celebrity was endorsing a product.As explained in Seale v. [read post]
11 Nov 2010, 1:36 pm
Famous Horse alleged sufficiently plausible claims, however, to overcome a motion to dismiss.The opinion in Famous Horse, Inc. v. 5th Avenue Photo Inc. will be reported at CCH Advertising Law Guide ¶64,046. [read post]
23 Nov 2009, 6:46 am by John W. Arden
The November 9 opinion in Menagerie Productions v. [read post]
22 Feb 2010, 2:57 pm
The musicians failed to demonstrate a probability of prevailing, according to the court.Noncommercial SpeechIn considering whether the article was commercial or noncommercial speech, the court relied on the analytical framework developed in the 2002 decision of Kasky v. [read post]
14 Feb 2011, 1:10 pm
The observant Jew who purchases food represented to be, but not in fact, kosher; the Muslim who purchases food represented to be, but not in fact, halal; the parent who purchases food for his or her child represented to be, but not in fact, organic, has in each instance not received the benefit of his or her bargain.The January 27 decision in Kwikset Corp. v. [read post]
18 Dec 2009, 12:12 pm by John W. Arden
The December 4 opinion in Kinetic Co. v. [read post]
18 Oct 2010, 8:51 am
McAfee’s motion to dismiss the CLRA claim was granted with leave to amend.The October 5 opinion in Ferrington v. [read post]
14 Sep 2010, 2:19 pm
In addition, eBay took substantial steps to prevent and detect the sale of counterfeit goods on its website.The opinion in Tiffany (NJ) Inc. v. eBay, Inc., filed September 13, 2010, will be reported at CCH Advertising Law Guide ¶63,967. [read post]
11 Jun 2010, 8:37 am
Best Buy “Price Match” Refusal Would Be Consumer FraudThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A Best Buy customer stated plausible claims that the retailer violated the Illinois Consumer Fraud Act and engaged in unjust enrichment by failing to honor its advertised “price match guarantee,” the federal district court in Chicago has ruled.In a class action complaint, the customer alleged that he purchased a 42-inch wide-screen high… [read post]
29 Jul 2010, 8:17 am
The claims under the Indiana Deceptive Consumer Sales Act and the common law all incorporated and to some extent relied on the lottery allegations, the appeals court noted.The July 16 opinion in George v. [read post]
6 Jun 2011, 7:13 pm
” Mead Johnson was held to have engaged in false advertising in this case, and it did not dispute that it had distributed false statements about PBM's formulas on prior occasions, the court observed.The decision is PBM Products, LLC v. [read post]
2 Apr 2010, 9:32 am
Evidence That eBay’s Ads Misled Consumers Merits Another LookThis posting was written by William Zale, Editor of CCH Advertising Law Guide. [read post]
13 Oct 2011, 4:20 pm
However, following the Unique Product Solutions decision, several other courts had rejected constitutional challenges (citations collected in Champion Laboratories, Inc. v. [read post]
26 Feb 2011, 10:14 am
The salon operators alleged facts sufficient to show that the false advertising claims were material to consumers’ purchasing decisions, the court concluded.The decision in Salon FAD v. [read post]
11 Feb 2011, 2:02 pm
The decision of the appellate court was reversed and remanded for further proceedings.The February 10 decision in Pineda v. [read post]
10 Mar 2011, 1:16 pm
The purchaser alleged that the class would include thousands of individuals who purchased the product throughout the United States.The February 24 opinion in Peviani v. [read post]