Author Archive

Lawsuit: Serum did not Rub on Bigger Breasts

January 29th, 2015. By LucyC

Remember the tooth fairy? When you lose a tooth, if you put it under your pillow, a fairy will come in the night and replace your tooth with some money—you remember, right? Well, apparently, if you want bigger breasts, there’s a cream that you can use that will make them larger and firmer. And then all your problems will go away. If it doesn’t work—you can file a consumer fraud lawsuit and make more money than you spent buying the dodgy product in the first place. Note—if you got a nickel from the tooth fairy and she was a no show—there was no such recourse. But hey—times have changed.

US-based Talika is being sued by a women who claims the company’s breast enhancing cream did not live up to its advertising claims, and as a result, she wasted $60. Really?

Raisbel Pena who lives in the Bronx, not that that should have anything to do with her decision-making process, has filed a lawsuit in Manhattan against Talika—the maker of Bust Serum 2.0 for $5 million (that’s some exchange rate—spend $60 get $5M…) claiming that in her month and a half of use (I’m presuming she would have followed the instructions religiously) she did not see any progress. So, she’s suing for damages alleging she could have purchased a less expensive bust serum. No comment.

It’s false advertising and unfair trading—business as usual. According to Pena’s lawsuit, Talika’s “misleading marketing campaign begins with its “deceptive product claim” that after six weeks of use breasts will grow a cup size and also experience “push up effect” and be 70 percent firmer.

Ok—who’s on drugs here? Think about it, there’s a reason plastic surgeons live well.

“Both [claims] imply that the product is not just cosmetic in nature, but will actually cause physical alterations to breasts, including increased breast volume,” the lawsuit states. “[The] defendant’s exhaustive advertising campaign builds on this deception.”

According to Pena, she bought the product in 2014 and used it for long enough that she should have noticed the promised results, that is, if the cream did what the advertising claimed it could do, regardless of how well you followed the instructions. In any event, not surprisingly, Talika USA has yet to respond to the lawsuit.

I can’t help wondering what would happen if the cream actually did work…

Here’s the YouTube promo….

Tags: Consumer Fraud, false advertising
Posted in Crazy Sh*t Lawyers See, Emerging Issues | No Comments »

Monster Energy + Scruples Don’t Mix? (Just Ask the Beastie Boys)

January 23rd, 2015. By LucyC

Beasties vs. Monsters. That’s a headline copyright infringement lawsuit circa 2014. And who won? Well the first round went to the Beastie Boys. But—their lawyers are heading back into the ring for round two. This time—over legal fees. Monster Energy—no stranger to lawsuits—was found guilty by a federal judge in Manhattan, of using the Beastie Boys’ songs without their permission to market their energy drinks. Take what you need and pay the piper later—if you need to? Nice. But it seems that’s the way Monster rolls…an appropriately named business.

The back story? The rappers from Brooklyn took Monster to court over the drink manufacturer’s use of five (FIVE!) of the group’s songs for a 2012 promotional video of an event called “Ruckus in the Rockies.” The video included the group’s 1994 megahit “Sabotage”.

As anyone who follows the Beastie Boys knows, the rappers don’t shill. Let’s not even get into the fact that Monster didn’t ask BB if they could use the songs. Wait—there’s more—in an act of mindboggling gall, tastelessness, and just outright ‘profit where you can’, Monster added the words “RIP MCA” at the end of the video’s credits: Beastie Boys member Adam “MCA” Yauch passed away days before Monster’s marketing event. He died of salivary gland cancer at the age of 47. All of this without the Band’s knowledge (I’m guessing here) or permission.

So, the group sued Monster. They won. The jury awarded surviving band members Adam “Ad Rock” Horovitz and Michael “Mike D” Diamond, and the wife of the late Adam “MCA” Yauch $1.7 million: $1.2 million for unauthorized use of their songs and $500,000 after finding Monster liable for false endorsement.

Cut to present day—a second suit has been filed seeking $2.5 million in legal fees. According to The New York Post—one of the group’s lawyers said the firm and its associates performed 4,227 hours of work on the case at a “reduced” rate that ranged from $675 to $840 depending on each lawyer’s rates. The $2.5 million ask included nearly $100,000 in expenses the firm claims it spent representing the rappers.

The rapper’s lawyers summed it up this way: “Monster failed to engage in good faith negotiations to resolve this mmatter and repeatedly sought to increase the cost of ultimately litigating this matter.”

Monster has admitted wrongdoing but believes it should be liable for no more than $125,000, based on the video’s viewership. The company says only about 13,000 viewers saw the four-minute video before it was pulled off YouTube. They’ve been drinking the koolaid.

According to The Post, Monster’s lawyers filed legal papers urging the Judge to deny an injunction request by the Beastie Boys, saying Monster already removed the video and has no plans to ever show it again. Really—you think? How considerate.

Tags: Beastie Boys, Lawsuit, Monster Energy
Posted in Crazy Sh*t Lawyers See | 2 Comments »

Why Do this Guy’s Girlfriends Want him Dead?

January 16th, 2015. By LucyC

It must have seemed like a good idea at the time. Or not. In any event, one 57-year old social worker from Brownville, New York decided she’d had enough—enough of her daughter’s ex-boyfriend, and father of her two-year old grandson, so she hired a hit man to kill him and feed him to the crocodiles. (Would I make this up?) Luckily for the ex—the “hit man” turned out to be an undercover detective and mamma has been arrested and charged with both second degree criminal solicitation and conspiracy in the second degree.

Melisa Rae Schonfield tried to hire Detective Dave Pustizzi to kill Erneto Negrillo, a resident of Florida. Pustizzi was also supposed to be the one serving Negrillo to the crocs. Nothing vague about those intentions.

Apparently, a tipster gave the Jefferson County Sheriff’s Department a heads up about Melisa Schonfield’s plans. “We got a tip from a concerned citizen,” Detective Dave Pustizzi told HuffPost. According to court documents, Schonfield, met the undercover detective posing as a hit man at a Walmart parking lot in Watertown. What is it with Walmart parking lots?

Schonfield had the readies—she agreed to pay the undercover detective $11,000 for Negrillo’s murder, according to police. She suggested the best way to dispose of the body would be to “throw it to the alligators,” police said. She told the supposed contract killer that her husband, a Watertown dentist, was aware of what she was doing and “even made a smart remark about her getting caught,” according to the court documents. Mrs. Schonfield was taken into custody after giving the undercover officer a $5,500 down payment, police said. I wonder what the fee was for feeding the crocs? Of note, neither the daughter or her father have been implicated in the attempted “hit”.

Needless to say, Negrillo is shocked, and Alexis Schonfield—the ex-girlfriend—is also equally stunned.

“It’s just f–ked up,” 36-year old Negrillo, told The Huffington Post in an exclusive interview. “I don’t know why she would want to kill me. I haven’t spoken to her in a long time.” Maybe that’s why…

Negrillo and Alexis parted company in 2012, reportedly, with Alexis moving to New York with their young son. Negrillo stayed in Florida—in retrospect—not such a bad idea.

According to HuffPo, Negrillo said he had no recent issues with anyone in the family. “I wasn’t fighting” for custody, he said. “It was already settled.”

As for the murder plot, he said, “I have no idea why. I can’t believe she went this far.” Ah—just how far would have been acceptable?

“The only thing I can say, because I am a mother, is she was trying to protect my son and she got tired of watching me cry,” 31-year old Alexis said. “I’ve been an emotional basket case the past two years.” Had anyone thought of therapy?

But here’s the kicker—Alexis said she learned of her mother’s arrest on Facebook. Seriously. “I had no idea what was going on,” she said. “I thought she was going to go visit her friends in Rochester over the weekend. When I found out, I was in shock.” Bet the friends in Rochester are relieved.

Schonfield said her “on and off again “relationship with Negrillo was volatile. “I think emotional and verbal domestic abuse is a big joke to people … [but] it’s just as bad as physical violence,” she said. “It’s just that the scars are not visible,” she told HuffPo.

There’s a weird twist here, though, which is that this is not the first time Negrillo has allegedly inspired someone to want to kill him. Three years ago he was attacked by the pistol-wielding husband of yet another an ex-girlfriend, according to HuffPo. The husband clubbed Negrillo twice on the head with a .38-caliber pistol and a shot was fired during their struggle, police said. Negrillo was treated for head wounds. The not so lucky husband is reportedly awaiting trial on an assault charge. Has anyone here heard of talk therapy?

“He came to kill me,” Negrillo told HuffPost. “He attacked me with a gun and everything. It got ugly and I defended myself.”

While we might be tempted to think this guy is either very unlucky or has some really bad juju going on, Negrillo sees it quite differently. In addition to being grateful to the police, he said “God really looked out for me. He really did.”

He feels sorry for Melisa Schonfield. “It didn’t have to go this way—she didn’t have to do what she did,” he said. “She ruined her reputation and now there’s no grandma in the picture for my son. I feel bad.”

Posted in Crazy Sh*t Lawyers See | 2 Comments »

Does your HS pic say “Lush”? Someone thought hers did…

January 9th, 2015. By LucyC

You know those cards and fridge magnets we all love with sarcastic quips and vintage photos of babes from last century? “It’s okay, I didn’t want a real life anyway” and “Make your own damn dinner” are some of the slogans used in conjunction with pictures of smiling housewives on a products ranging from mugs, flasks, and sticky notes to towels, calendars and phone cases.

Ever wonder where all those pictures come from? Well, sit down Ethel, have I got a story.

Veronica Vigil, a married mother of two who lives in New Mexico—likely never gave these products a second thought—until one day when her daughter came home with a “novelty product” (read “flask”) that featured a photo of teenage Veronica complete with the appropriate beehive-inspired lid, taken decades ago—as in pre-social media—remember those days anyone?

And—the caption reads…“I’m going to be the most popular girl in rehab.” Oh yes—that will do wonders for your reputation. Which is precisely why Veronica is suing the maker of the products, one Anne Taintor Inc, and also a local gift store in Santa Fe that allegedly carried the products with her likeness on them.

Veronica is claiming that Anne Taintor Inc. somehow got hold of and used her high school graduation picture from 1970 without her permission and has defamed her by linking her image to a product that makes light of substance abuse, in direct conflict with the way Vigil lives her life. While we may expect, sadly, this kind of behavior from Facebook, which has also been sued of alleged use of images of members who did not knowingly give their permission—there’s no gray area with a high school grad picture circa 1970, I wouldn’t have thought.

Vigil’s attorney, Blair Dunn, is quoted in the Santa Fe New Mexican as saying he wasn’t sure which high school Vigil graduated from but believed it was either Española High School or Pojoaque High School.

According to the complaint, “Plaintiff is an active member of her church and does not consume alcohol or drugs… Given the seriousness of the issues of substance abuse in the community in which plaintiff resides, she has held herself out by reputation for her children and her community, to refrain from abuse or even use of alcohol and illicit drugs and has set an example that the issue is a very serious one that destroys families and lives.” FYI—Veronica and hubby have two grown children and operate an auto-restoration business in Española.

Taintor’s use of Vigil’s image has led others to think that Vigil “either has a problem with drugs and alcohol personally, or she condones the use of her image to make light of an important social issue that affects her community,” according to the complaint, and this use has caused her to be “held up to scorn and contempt.”

So how did the company get access to the graduation picture—or a year book—or whatever? Have they done this with anyone one else? Enquiring minds want to know!

Apparently, at the time the story ran in the SFNM, the product was not listed on Taintor’s website, but it was offered on Amazon for prices ranging from $21.95 to $25.29. Holy Hannah Batman! Where do you start?!

So who the heck is Anne Taintor you’re asking? According to her website and Wikipedia, she is a Harvard University graduate who has been “making smart people smile since 1985.” Wikipedia states: “Anne Taintor is an artist whose themes deal with domestic stereotypes, as viewed through the lens of mid-century advertisements typically found in publications such as Ladies Home Journal and Life. Juxtaposing these images with tongue-in-cheek captions, her work serves as a commentary on the stereotypes of women popularized in the 1940s and ’50s. She has been credited by some as being a pioneer in the pairing of mid-century imagery with modern slogans.”

The company is celebrating its 30th anniversary and currently has some 3,000 outlets in 25 countries. Had the company exhausted its supply of Ladies Home Journal imagery and so resorted to American high school pictures?

Virgil’s lawyer told the SFNM that Doodlet’s—a Santa Fe toy store and gift shop that has been in business since 1955 — is named in the complaint because the store has likely sold magnets and cards bearing the same image as the flask, and thousands of other Taintor products over the years. So how long as this been going on?

The owners of Doodlet, however, said in an answer to the complaint that they have never sold Taintor products bearing Vigil’s image and that they should not be a party in the suit.

Dunn claims other New Mexico outlets, including Talin Market in Albuquerque and Cost Plus, also have carried products with Vigil’s image.

Vigil’s lawsuit charges Taintor with defamation, invasion of privacy and unfair trade practices, seeks an unspecified amount of compensatory and punitive damages. Ya think? And, what about royalties?

Well, so much for the “good old days” (ie pre social media) when people didn’t have to worry about image and identity theft. That myth’s now busted.

Posted in Crazy Sh*t Lawyers See | No Comments »

All Juiced Up to Include Family in your Startup? A Word of Caution…

December 30th, 2014. By LucyC

Now here’s a juicy tale…Father suing son and son counter suing father over an alleged squeeze out in juice bar market. Got that? The Big Apple, fittingly, is home to the successful fruit and vegetable drinks chain, Juice Press, and now, a couple of lawsuits between Marcus Antebi, 45, who founded the Juice Press stores, popular with celebrities (no comment), and his 72 year old father who opened his own franchise in New York, at the behest of his son.

Marcus Antebi’s trendy ‘fresh and healthy’ beverages, which include the Tumeric Tonic for $7 a bottle and Doctor Green Juice at $11 a shot, are enormously popular in Manhattan and the company grew to 25 stores over four years. Who knew. Why buy a juicer? I digress. So Marcus brought his father, a retired and overweight antiques dealer, into the business with his own franchise. (Dad, allegedly, lost 20 lbs by getting on board the fresh vegetable wagon. He’s reportedly boasted that it helped him lose the weight.)

But is seems the apple didn’t fall too far from the tree in this family: Dad decided to open an outlet in Florida, a market his son has been trying to get into for a year, reportedly. And, to add insult to injury his father also, allegedly, displayed a sign in his NY store window stating: “We are the only independently owned and operated Juice Press store in the chain. We hope you will continue to purchase all your juices, smoothies and food from us.” Nice. And—yes—there’s more—Dad also added unapproved menu items.

So, time to put down the carrots and lawyer up. First to file—David, the dad—with a pre-emptive lawsuit to open an outlet in Florida after his son allegedly threatened to block the spin-off. According to my favorite news source, The New York Post, David Antebi claims his son’s competitive nature is getting in the way of a good business opportunity. Sorry? Filing a pre-emptive lawsuit is not competitive? Who’s been drinking the KoolAid here?

Not surprisingly, Marcus is not happy. “I am particularly upset to learn about the complaint made by my father towards Juice Press—which is my baby, especially when I gave my dad the opportunity to make a career for himself operating a store, and to be healthy doing so,” he said.

So Juice Press (aka Marcus) is now countersuing to force Dad to take down the sign and remove unapproved items from his menu, which include a Chia Fireball juice and an Apple Cobbler. Dad’s not having it, claiming the countersuit is “a phony defense,’’ insisting, “It’s a simple sign thanking our customers.’’ (NYPost). And, he allegedly claims his son’s success has led to an oversaturation of the Manhattan juice-bar market that is negatively impacting his bottom line. Well, if Starbucks is any model to base oversaturation on, according to blogger John McCourt, who spent a year visiting every Starbucks in Manhattan, there are over 200 Starbucks locations just in Manhattan—forget about the other four boroughs. Somehow 25 Juice Press outlets doesn’t seem so…saturated.

But back to Juice Press…even more confounding, David (the dad) then said, he has “lost” his son over the dispute. What the heck’s in these drinks?

Marcus reportedly is arguing that his contract with his father “does not give him the right to use our proprietary information and/or our techniques in any way against us.” And, “We have been actively looking to open locations for over a year in the state that my father is now trying to compete in,” he said.

Dad’s version—his contract reportedly prevents him only from opening rival outlets in five states, namely New York, Connecticut, New Jersey, Pennsylvania or Massachusetts.

Marcus told The Post he was “upset” by the lawsuit, but he will “continue to love my father.” ??

David also said that although he has a “terrible relationship” with his son, he’s still filled with pride for his son’s success. ?? “The product is excellent. Juice Press is the best. I give that to them,” he said.

While all the surrounding press may be good for business, maybe these two should sit down over a couple of martinis—shaken not stirred—olives optional.