Second Circuit Affirms Dismissal of Case Against Time Warner Cable Over Certain Advertising Claims
The Court of Appeals for the Second Circuit reviewed a dismissal of a class action complaint that was filed against Time Warner Cable regarding its advertising claims for its Road Runner Internet service. According to the complaint, Road Runner provided (1) an "always-on connection" (2) at a "blazing speed" (3) that is "up to 3 times the speed of most standard DSL packages and up to 100x faster than dial-up," and (4) the "fastest, easiest way to get online." Plaintiffs, who sued on behal
. . . Brian D. Fergemann
; Jason W. Gordon
May 17, 2013
Vermont Amends Skill Contest Law
Vermont recently amended its laws pertaining to contests and sweepstakes. Under the amended laws, requiring the payment of an entry fee or other consideration to participate in a skill contest or other promotion that is not based on chance is no longer prohibited in Vermont. Specifically, the amendment expressly provides that nothing in the relevant law "shall be construed to prohibit a person from requiring or payin
. . . Brian D. Fergemann
; Robert H. Newman
May 10, 2013
Whirlpool Sued By Artist Over Designs For KitchenAid Mixers
Plaintiff Nicole Dinardo designs and sells hand painted KitchenAid Mixers. Whirlpool, which owns KitchenAid, allegedly approached Dinardo regarding the possibility of designing custom KitchenAid mixers that Whirlpool would market and sell. According to the complaint, during the contract negotiations, Whirlpool was intimately involved with Dinardo's materials and processes, and reviewed prototypes, including leopard print and zebra print designs. Whirlpool allegedly offered Dinardo $
. . . Jason W. Gordon
; Mary Hutchings Reed
May 1, 2013
No Privacy Right in Email Submission to Gossip Website
Recently, an arbitrator determined that Mario Lavandeira, operator of the gossip website PerezHilton.com, was not liable for breach of contract and other claims brought against him because he published an inflammatory email sent to him by a reader. In 2007, an individual used her work email account to send an email to Lavandeira that insulted both Lavandeira and the actress Angelina Jolie. Lavandeira
. . . Liisa M. Thomas
; Eric M.D. Zion; Beth K. Louie
May 1, 2013
NAD Recommends Matrixx Discontinue Claims That Products Protect Users from Colds
Following a challenge brought before the National Advertising Division ("NAD"), Matrixx Initiatives, Inc. agreed to discontinue certain advertising claims regarding its Zicam products. Specifically, Matrixx will no longer make claims that imply its products provide "pre-cold prophylactic benefits" (i.e., that consumers would not get a cold at all if they used Zicam products), as the NAD found these claims were unsupported. Based on the NAD's recommendations, Matrixx will also discontinue clai
. . . Brian D. Fergemann
; Caroline A. Wenzke
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