Monthly Archives: April 2026

Washington Supreme Court rejects private standing for discount misrepresentations

Posted on April 8, 2026 by rtushnet

Montes v. Sparc Group LLC, 2026 WL 900481, No. 104162-4, — P.3d —-, 2026 WL 900481 (Wash. Apr. 2, 2026) Interpreting the Washington Consumer Protection Act, the state supreme court held, over a dissent, that buying products that are falsely … Continue reading →

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Beyond the Dog’s tactics in employment dispute may have been beyond the pale

Posted on April 7, 2026 by rtushnet

Beyond The Dog, LLC v. Salzer, 2026 WL 884140, No. 3:24-cv-1439 (VAB) (D. Conn. Mar. 31, 2026) Plaintiffs (BTD) sued defendants Salzer and Canine Behavioral Blueprints, LLC over a failed working relationship, resulting in claims for trade secret misappropriation, breach … Continue reading →

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Netflix’s promotion of fictional team does not constitute trademark use

Posted on April 7, 2026 by rtushnet

Pepperdine University v. Netflix, Inc., No. 2:25-cv-01429-CV (ADSx) (C.D. Cal. Mar. 31, 2026) After denying the motion for preliminary injunction, the court finally tosses Pepperdine’s lawsuit based on use of a fictional Waves team in a Netflix show. Rogers applies … Continue reading →

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naked licensing could constitute false advertising of origin

Posted on April 7, 2026 by rtushnet

Epson America, Inc. v. Global Aiptek Inc., 2025 WL 4631973, No. 8:23-cv-00222-FWS-DFM (C.D. Cal. Dec. 17, 2025) Epson alleged that defendant GAI purposefully and deceptively inflated the lumen and brand specifications of its projectors in violation of the Lanham Act … Continue reading →

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lack of harm allegations beyond “direct competition plus customer inquiries” insufficient for false advertising standing

Posted on April 6, 2026 by rtushnet

Kalmbach Feeds, Inc. v. Purina Animal Nutrition, LLC, 2026 WL 598608, No. 2:25-cv-00617 (S.D. Ohio Mar. 4, 2026) Previously. Kalmbach sued Defendant Purina for false advertising under state and federal law in connection with its Farm to Flock chicken feed, … Continue reading →

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Commemorating 50 Years of the Copyright Act, part 3

Posted on April 4, 2026 by rtushnet

STLR Panel 2: Litigating Fair Use in Copyright Zahr Said: Substantial similarity is confused. Sedlik is a good example. Laudable for concurrences to recognize need for reform in this crummy, confusing test, but that’s not reflected in the case itself. … Continue reading →

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Commemorating 50 Years of the Copyright Act, part 2

Posted on April 3, 2026 by rtushnet

The 1976 Copyright Act: Mostly Evolutionary, Not Revolutionary Tyler Ochoa 1790 Act adopted the Statute of Anne—not radical even though it was the first for the US. Similar here—major changes, but not radical. Expanded subject matter; protection on creation/fixation instead … Continue reading →

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Commemorating 50 Years of the 1976 Copyright Act, Stanford Law School

Posted on April 3, 2026 by rtushnet

The Copyright Act at 50: Evolution and Impact Shira Perlmutter Copyright Act took a long time, with input from lots of interest groups and attention to detail—hundreds of contending and overlapping interests were involved. Hard to imagine this process today. … Continue reading →

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court gives guidance on disclaimer placement, AI alterations in enforcement proceeding

Posted on April 3, 2026 by rtushnet

InSinkErator LLC v. Joneca Company LLC, 2025 WL 4631972, No. 8:24-cv-02600-JVS-ADS (C.D. Cal. Nov. 24, 2025) Previous discussion of this false advertising case. In a separate order, the court deals with other compliance issues than those below. It rejects the … Continue reading →

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former TM owner states valid damages claim against licensee of current TM owner that drove it out of business via infringement

Posted on April 3, 2026 by rtushnet

Wagner Zip-Change, Inc. v. Tubelitedenco, No. 23 C 05077, 2026 WL 673148 (N.D. Ill. Mar. 10, 2026) Wild facts! Wagner was until 2021 in the business of selling sign lettering products, including its trademarked Jewelite Trim (also known as “trim … Continue reading →

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