Balough
February 4, 2018
(February 4, 2018) A claim that the dating site Tinder engages in age discrimination by charging premium subscribers over 30 up to twice as much as those under 30 has been reinstated by a California appellate court. Tinder, Inc. owns and operates a smartphone-based dating application. The basic level of the app is free, but […]
Balough
June 16, 2014
A lawsuit between two competitors over the labeling of a pomegranate-blueberry juice blend may proceed under the Lanham Act and is not precluded by the Federal Food, Drug, and Cosmetic Act (FDCA), the U.S. Supreme Court found. The decision reverses both the trial court and appellate court, which found that POM Wonderful LLC could not […]
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 13, 2013
Kinderstart.com’s complaint against Google, Inc. for monopolistic practices and unfair competition failed to meet the grade, a trial court has ruled. Kinderstart.com sued Google for attempted monopolization, unfair competition and defamation and libel after the portal was blocked by Google’s page rank. Kinderstart said in 2000 it was “one of the choicest Internet destinations for […]