Monthly Archives: July 2024

“fair and skill-based” may falsely imply absence of bots in online gaming

Posted on July 29, 2024 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2024 WL 3526853, No. 24cvl646(DLC) (S.D.N.Y. Jul. 23, 2024) Skillz sued its competitor in mobile gaming, Papaya, for violating federal and NY law against false advertising by falsely advertising that its games pit … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

“Pure Irish Butter” plausibly misleads as to absence of dangerous chemicals

Posted on July 25, 2024 by rtushnet

Winans v. Ornua Foods North America Inc., — F.Supp.3d —-, 2024 WL 1741079, No. 2:23-cv-01198-FB-RML (E.D.N.Y. Apr. 23, 2024) Plaintiffs alleged that the presence of per- and polyfluoralkyl substances (“PFAS”) in Kerrygold butter made the use of “pure Irish butter” … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

No copyright over simple colors and shapes used to annotate X-rays

Posted on July 25, 2024 by rtushnet

Overjet, Inc. v. VideaHealth, Inc., 2024 WL 3480212, No. 24-cv-10446-ADB (D. Mass. Jul. 19, 2024) The court denied Overjet’s request for a preliminary injunction on copyright and false advertising claims, concluding that Overjet’s selection of colors and shapes for annotating … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Trademark law and LinkedIn resumes: watch out?

Posted on July 25, 2024 by rtushnet

Portkey Tech. PTE Ltd v. Venkateswaran, 2024 WL 3487735, No. 23-CV-5074 (JPO) (S.D.N.Y. Jul. 19, 2024) Another case that starkly shows the effects of trademark’s abandonment of any harm requirement, not to its benefit, where false advertising claims fail because … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Announcing the Seventh Edition of Advertising & Marketing Law Casebook by Goldman & Tushnet

Posted on July 23, 2024 by rtushnet

Eric Goldman and I are pleased to announce the seventh edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * DRM-free PDF file. Price: $12* Kindle. Price: $9.99* Print-on-demand paperback from Amazon. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

“plant-based” is plausibly misleading without qualification; can asterisks save the day?

Posted on July 18, 2024 by rtushnet

Whiteside v. Kimberly Clark Corp., No. 23-55581, 2024 WL 3435308, — F.4th — (9th Cir. Jul. 17, 2024) Whiteside alleged that KC’s “plant-based” baby wipes were misleadingly advertised; the court of appeals revived some claims that the district court had … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Plaintiffs win partial summary judgment on falsity/materiality in “made in US” tea case

Posted on July 17, 2024 by rtushnet

Banks v. R.C. Bigelow, Inc., No. 2:20-cv-06208-DDP-RAOx, 2024 WL 3330554 (C.D. Cal. Jul. 8, 2024) The court here grants the consumer plaintiffs’ motion for partial summary judgment on their theory of falsity of Bigelow’s “manufactured in the USA” claim for … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

court allows Nike’s legal theories and most of its expert testimony against StockX’s resales/NFTs

Posted on July 15, 2024 by rtushnet

Nike, Inc. v. StockX LLC, 2024 WL 3361411, No. 22-CV-0983 (VEC) (S.D.N.Y. Jul. 10, 2023) Nike sued over StockX’s use of Nike trademarks on StockX NFTs without Nike’s consent and alleged sales of counterfeit Nike sneakers despite allegedly guaranteeing that … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Team Blood Donor

Posted on July 15, 2024 by rtushnet

 Spotted in the wild: Team Blood Donor “cooling towel” with five colored, overlapping blood drop outlines on label Inova says, “[t]he Olympic-themed gifts add a fun and engaging element to the donation experience, making it more likely for donors to … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

federal preemption for airlines doesn’t extend to Delta’s “carbon neutral” ads

Posted on July 8, 2024 by rtushnet

Berrin v. Delta Air Lines, Inc., 2024 WL 3304815, No. 2:23-cv-04150-MEMF-MRW (D.C. Cal. Mar. 28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment