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ARTICLE · 11 SEPTEMBER 2018

Building A Better Mousetrap? Better Have Proof

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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What is some great evidence to submit in a lawsuit alleging that a company's pest repeller product doesn't actually work?

United StatesMedia, Telecoms, IT, Entertainment

What is some great evidence to submit in a lawsuit alleging that a company's pest repeller product doesn't actually work?  How about photos of mice that -- according to the court -- "appear to be so drawn in by its siren song that one would scale a wall just to snooze on it"? 

In Hart v. BHH, the plaintiffs alleged that they bought BHH's pest repeller product and that it was "completely ineffective."  Apparently, you plug the product in and ultrasonic sound waves are supposed to repel ants, mice, spiders, and other creatures.  

The plaintiff alleged that the company made advertising claims such as, "Plug It In . . . Drive Pests Out," "Helps rid your home of all kinds of creepy crawlies," and "Get rid of ants, spiders, mice, roaches, rats and other pests." 

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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