Legal Question in Intellectual Property in California

If a tag on a stuffed animal states that it can bring laughter, hope, etc., or help make someone feel better, can the company that makes the stuffed animal be sued?

Asked on 7/23/13, 2:11 pm

2 Answers from Attorneys

Joel Selik

For not bringing laughter, hope, and did not make someone feel better. Based on the little that is known here, it is my opinion that a lawsuit with these claims would be thrown out of court very quickly.

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Answered on 7/23/13, 2:16 pm

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You can file a lawsuit for anything ...... well, almost anything ....... so long as it is written in semi-understandable English, and you pay the filing fee. If you then can get it served on the defendant company, then you've accomplished what your question asks. You have sued the company that makes the stuffed animal. However, the maker of the stuffed animal would soon have the lawsuit dismissed as failing to state a claim upon which relief can be granted. You'd also run the risk of a counter-suit for malicious prosecution/

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Answered on 7/23/13, 3:03 pm

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