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Tag Archives: Misleading Advertising

Artisan Puffery?

Posted in Advertising, Branding, Food, Genericide, Marketing, Trademarks

There once was a day when being an "artisan" meant something: "A person or company that makes a high-quality, distinctive product in small quantities, usually by hand using traditional methods: artisan foods." The key elements of an artisan’s handiwork seem to be hand-crafted, distinctive products of high-quality that are produced in small numbers. Perhaps bread from the… Continue Reading

The Seasonality of Materiality?

Posted in Advertising, Law Suits, Marketing

          A false advertising case filed yesterday in Minnesota federal district court caught my eye: Splash Products, Inc. v. Twinco Romax, LLC and Twinco/Romax Wisconsin, Inc. It is a rather straightforward false advertising case with the typical legal claims you’d expect to see, but what caught my eye is that the parties are going to… Continue Reading

Power & Balance or Plastic & Placebo

Posted in Advertising, Branding, International, Law Suits, Marketing, Trademarks

   Have you noticed the popularity of silicone and plastic wrist bands? Apparently very big business. My fourteen year old son just bought another today for about $30. He has informed me that Power Balance is the leading and most desired brand and there are many "cheaper imitations" out there. I don’t wear one, and have no plans… Continue Reading

Gatorade-Powerade False Advertising Case Resolved, For Now

Posted in Advertising, Agreements, AlphaWatch, Branding, Dilution, Famous Marks, Food, Law Suits, Marketing, Truncation

       You may recall the Gatorade v. Powerade false advertising lawsuit filed by a Pepsico entity (Stokely-Van Camp, Inc.) against rival The Coca-Cola Company back in April, discussed here (with a copy of the complaint). You also may recall how G scored an F in the courtroom, back in August, losing a hotly contested motion for… Continue Reading

Does False Advertising Pay in the Baby Formula Business?

Posted in Advertising, Food, Guest Bloggers, Law Suits, Marketing

For Mead Johnson, the maker of Enfamil, $13.5 million is a small price to pay to halt the slide towards store brand formula. Some companies just have a knack for rubbing the federal courts the wrong way. Case in point: Baby formula brand Enfamil and its maker, Mead Johnson Nutrition. Last week, a federal court… Continue Reading

Medline Industries, Inc. v. 3M Company (False Advertising Complaint Attached)

Posted in Advertising, False Advertising, Law Suits, Marketing

v.                                       (Medline Sterillium Rub)                                          (3M Avagard Surgical Scrub) In a very recent false advertising lawsuit, Medline Industries is all lathered up, alleging that 3M Company is playing dirty in the surgical hand antiseptic marketplace by making false and misleading statements in advertising about 3M’s Avagard brand surgical scrub and Medline’s competing Sterillium Rub brand surgical hand antiseptic. Here is… Continue Reading