Balough
April 2, 2014
Two provisions in eBay’s User Agreement are not enforceable contract provisions but simply general descriptions of how eBay operates. The Ninth Circuit affirmed a trial court’s dismissal of a case involving eBay’s automatic bidding system. The Plaintiff had argued that eBay breached its User Agreement and violated California’s Unfair Competition Law and False Advertising Law. […]
Balough
December 15, 2013
A beef over an advertising campaign by one of two Chicago hot dog makers can wait until trial to resolve, a federal court has found. Vienna Beef, Ltd. wanted a temporary restraining order issued against its competitor Red Hot Chicago, Inc. to prevent the competitor from advertising that its hot dog recipe is “a family […]
Balough
December 13, 2013
Craigslist is not liable for publishing housing rentals and sales advertisements that contain discriminatory statements based on race, color, national origin, sex, religion and family status that would otherwise be prohibited by federal law, a federal district court ruled. According to the complaint, Craigslist publishes on its website housing advertisements that are composed and posted […]
Balough
December 13, 2013
Attorneys in New Jersey who advertise as “Super Lawyers” and “Best Lawyers in America” are violating that state’s prohibition against comparative advertising and advertising that creates an unjustified expectation about results. The findings on the use of the terms are contained in the recently issued Opinion 39 of the Committee on Attorney Advertising appointed by […]
