Monthly Archives: April 2025

failure to allege incremental materiality dooms false advertising counterclaims

Posted on April 29, 2025 by rtushnet

Intuit Inc. v. HRB Tax Group, Inc., 2025 WL 1168897, No. 5:24-cv-00253-BLF (N.D. Cal. Apr. 22, 2025) Counterclaim-plaintiff (Block) alleged that Intuit engaged in false advertising of its TurboTax services. TurboTax includes three tiers: (1) “Do-It-Yourself;” (2) “Live Assisted;” and … Continue reading →

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7th Circuit allows nationwide injunction under Illinois consumer protection law

Posted on April 28, 2025 by rtushnet

Republic Technol. (NA), LLC v. BBK Tobacco & Foods, LLP, — F.4th —-, 2025 WL 1201401, No. 23-2973, No. 23-3096 (7th Cir. 2025) Republic and BBK (aka HBI) compete in the market for organic hemp rolling papers for cigarettes. Republic … Continue reading →

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trademark infringement accusations are opinion without a final judgment

Posted on April 28, 2025 by rtushnet

Trevari Media, LLC v. Colasse, 758 F.Supp.3d 1175 (C.D. Cal. 2024) Colasse accused Trevari of infringing its trade dress in a “[s]pring-loaded glass-breaking device. Although the trade dress was registered in 2014, when Colasse emailed Trevari alleging infringement in 2021, … Continue reading →

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package claim that required users to double serving size and add ingredient was plausibly misleading despite disclaimer

Posted on April 28, 2025 by rtushnet

Mencia-Montes v. Fit Foods Distrib., Inc., 2025 WL 1185372, No. 24-cv-01768-EKL (N.D. Cal. Mar. 31, 2025) Courts in the 9th Circuit have increasingly held, in consumer protection cases, that an asterisk puts the consumer on notice of important qualifications. But … Continue reading →

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nonprofits’ promotion of “abortion reversal” services was commercial speech

Posted on April 22, 2025 by rtushnet

National Institute of Family and Life Advocates v. Bonta, No. 2:24-CV-08468-HDV-(MARx), 2025 WL 1140450 (C.D. Cal. Mar. 6, 2025) Not sure this one survives appellate review, but we’ll see. NIFLA sued for injunctive relief against California AG Bonta over his … Continue reading →

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“defeat devices” in trucks plausibly deceptive because they rendered vehicles unlawful to drive

Posted on April 21, 2025 by rtushnet

Biederman v. FCA US LLC, — F.Supp.3d —-, 2025 WL 458831, No. 23-cv-06640-JSC (N.D. Cal. Feb. 11, 2025) This is a putative class action over alleged “defeat devices” in diesel engines installed in RAM 2500 and 3500 pick-up trucks. Plaintiffs … Continue reading →

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Washington’s anti-spam law covers any misrepresentations in subject line of commercial email

Posted on April 21, 2025 by rtushnet

In re Brown v. Old Navy, LLC, 2025 WL 1132243, — P.3d —-, No. 102592-1 (Wash. Apr. 17, 2025) Deciding a certified question, the Washington Supreme Court held over dissent that the state’s anti-spam law covers all commercial emails with … Continue reading →

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New in my TM collection

Posted on April 16, 2025 by rtushnet

 Ebay is really great for this sort of thing: Glade Plug-in in the shape of a pine tree See Car-Freshner v. S.C. Johnson & Son, 70 F.3d 267 (2d Cir. 1995). from Blogger http://tushnet.blogspot.com/2025/04/new-in-my-tm-collection.html

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The Battle for Our Attention: Empirical, Philosophical and Legal Questions: Northeastern University School of Law

Posted on April 11, 2025 by rtushnet

 Panel 3 – Media and Communication Systems for Attention Capture  This panel will address how different fields, from media studies to economics, think about attention, how it is captured and valued. Do different types of media (political news, advertisements, sexual … Continue reading →

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trademark use is easier with a suggestive mark than with a descriptive one

Posted on April 11, 2025 by rtushnet

Medical Depot, Inc. v. Med Way US, Inc., — F.Supp.3d —-, 2025 WL 948334, No. 22-CV-01272 (OEM) (SIL) (E.D.N.Y. Mar. 28, 20 This case focuses on trademark “use.” The parties are medical supply companies who use similar marks—“Med-Aire” and “MEDAIR®”—to … Continue reading →

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