Category Archives: Competitor Litigation

Subscribe to Competitor Litigation RSS Feed

But Wait, There’s More! . . . Litigation: Federal Court Sustains Lanham Act Claims Against Allegedly False “As Seen On TV” Advertising

Many retailers carry products with the phrase “As Seen on TV.” What if a product bearing that phrase, however, had not actually been seen on TV? A recent case in federal court in the Southern District of New York ponders that question. In an advertising war between copper cookware competitors, plaintiff Emson sued its competitor … Continue Reading

NAD Finds Support for Cleaning Products Claims Not All Sunshine and Daisies

Whoopsy daisy. Better Life, a maker of home cleaning products, recently ran evocative comparative video ads with a product demonstration to grab consumers’ attention and gain share. It’s a common enough advertising strategy, but one that Better Life in this case should have nipped in the bud, according to NAD. The ads featured a time-lapse … Continue Reading

Humor and a Heartthrob Cannot Save the Day at NAD in False Disparagement Case

In contrast to the Dollar Shave case we wrote about recently, NAD and NARB recently gave us an example of a case they found to be falsely disparaging, notwithstanding the humor and hyperbole throughout. Everyone can agree that the DirecTV Rob Lowe ads (and their new series with Tony Romo) are hilarious. Rob Lowe is in all … Continue Reading

When Your Brand Name is a Claim—NAD Cleans and Straightens Without Support from Advertiser

There is lore that the beauty industry does not challenge itself sufficiently before NAD, and for this reason NAD brings more monitoring challenges in this area. After the recent decision in a case brought by Unilever, we would not be surprised if we see more competitor challenges in this area. And advertisers on the receiving … Continue Reading

NAD Doesn’t Trim Back Humor with a Razor – Important New Ruling on Puffery

We just read one of our favorite NAD decisions ever. And it just so happened to involve one of our favorite recent ad campaigns. We have blogged before about Dollar Shave Club, as a vehicle to talk about Restore Online Shopper’s Confidence Act (“ROSCA”) and a reminder of the legal issues with negative option plans. … Continue Reading

Fantasy League Competitors Battle on the NAD Court for Decision Over Who Can Claim “Largest US-Based Website”

We love a good March Madness legal blog (see here and here and here)  and NAD gave us some great fodder this month deciding a case between two large daily fantasy sports league websites.   This one wasn’t exactly an upset like so many of the games this year leading to the Sweet 16.   DraftKings claimed … Continue Reading

Amazon Takes a Bite Out of Apple:Federal Judge Dismisses False Advertising Claim against Amazon’s “Appstore”

Though the holiday gift-giving battle between Apple’s iPad and Amazon’s Kindle may have quieted recently, the ongoing legal war between the two technology giants continues. Last week, Inc. scored an opening round victory when a California federal judge granted its motion for partial summary judgment, dismissing Apple’s false advertising claim against the online retailer. … Continue Reading

Lying Is Protected Speech: What Does This Mean For Advertisers?

Did you hear the news?  The Supreme Court has ruled that lies have First Amendment protection. I’m not just talking about little white lies, or half-truths, or artful omissions – I’m talking about great big whoppers, like claiming at a public meeting that you were awarded the Congressional Medal of Honor when you were never … Continue Reading

Ferris Bueller’s Teacher Gets The Day (And More Off): Sues Over Endorsement Contract

A quick update on the endorsement contract wars.  We previously blogged about a judge’s refusal to dismiss a breach of contract case involving a professional football players loss of an endorsement contract after making some controversial tweets about the death of Osama bin Laden.  The judge in that case held that the Company needed to … Continue Reading

Class Action Representative Hit With $1.4 Million In Defendant’s Attorneys’ Fees

On May 9, 2012, Raceway Ford, Inc. was awarded $1,468,380 in attorneys’ fees plus costs against 14 named class representative plaintiffs in an automobile retail sales contract backdating class action case.The defendant was able to obtain this award because the statute, under which the plaintiffs sued, the California Automobile Sales Finance Act, has a mutual … Continue Reading

Fourth Circuit Revives Rosetta Stone’s Claims Against Google Over Its AdWords Program

In a closely watched battle, the Fourth Circuit breathed life back into Rosetta Stone Ltd.’s trademark infringement and dilution claims against Google, Incorporated stemming from its AdWords program.  Google’s AdWords program allows advertisers to purchase “keywords” that trigger the advertiser’s ads when the keyword is entered as a search term in Google.  In a series … Continue Reading