• IP BLAWG

    Hijacking Yourself

    Beverly A. Berneman
    4/18/23

    In Brief:  Using a different product’s favorable reviews on Amazon can lead to substantial FTC fines.

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  • IP BLAWG

    The Case of the Disappearing Discount

    Beverly A. Berneman
    4/10/18

    Advertising a discount that disappears at point of purchase is a problem. %CUT% A customer of Hobby Lobby, wanted to buy a picture frame. She believed she was getting a 50 percent discount on a photo frame due to an in-store sign stating "Photo Frames 50% OFF the Marked price.” Hobby Lobby didn’t honor the discount but instead pointed to disclaimer language that said, "DISCOUNTS PROVIDED EVERY DAY; MARKED PRICES REFLECT GENERAL U.S. MARKET VALUE FOR SIMILAR PRODUCTS." The customer brought a class action suit based on false advertising as well as other causes of action. Hobby Lobby’s motion to dismiss was denied. The court held that a reasonable consumer could have been misled despite the disclaimer language. So the suit will proceed.

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