Monthly Archives: July 2026

10th Circuit finds that disparagement by pet food company was commercial speech though affiliated vets’/nonprofits’ speech wasn’t

Posted on July 16, 2026 by rtushnet

KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., No. 24-3185 (10th Cir. Jul. 14, 2026) The court of appeals affirms in part and reverses in part the district court opinion dismissing Lanham Act claims against Hill’s and other defendants. … Continue reading →

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safety claims aren’t vague in context of child car seats

Posted on July 16, 2026 by rtushnet

Ricardo Moncada v. Nuna Baby Essentials, Inc., — F.Supp.3d —-, 2026 WL 866852, No. 25-cv-2592 (PKC) (S.D.N.Y. Mar. 30, 2026) Nuna allegedly marketed its Rava-brand children’s car-seat product by emphasizing its safety features and a product-testing regimen that exceeded American … Continue reading →

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Under Armour defeats Lanham Act claim, must continue to fight tortious interference

Posted on July 16, 2026 by rtushnet

Multiple Energy Technol., LLC v. Under Armour, Inc., 2026 WL 2016679, 2:20-CV-664 (W.D. Pa. Jul. 13, 2026) Bioceramic powder is “a substance that is integrated into clothing, and, when worn, allegedly improves sleep and muscle recovery.” Plaintiff MET made a … Continue reading →

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DDC won’t protect World Professional Association for Transgender Health against FTC/WD Tex

Posted on July 13, 2026 by rtushnet

World Professional Association for Transgender Health v. Federal Trade Comm’n, No. 26-532 (JEB), 2026 WL 1999008 (D.D.C. Jul. 10, 2026) Some broader commentary on the regime’s mostly successful attempt to attack transgender care in Texas. A main promise of the … Continue reading →

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Canadian imported drugs whose origin was disclosed to end consumers couldn’t trigger infringement/false advertising liability

Posted on July 6, 2026 by rtushnet

AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2026 WL 1846752 (N.D. Ill. Jun. 26, 2026) Another round in AbbVie’s fight against Canadian imports. Payer Matrix contracts with employers or an employer’s pharmacy benefit manager (PBM) or third-party … Continue reading →

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advertising injury policy covers Lanham Act/intentional interference claims even though policy uses different words for the torts

Posted on July 3, 2026 by rtushnet

IntermediaryEd v. Cincinnati Ins. Co., 2026 WL 1847615, No. 3:25-cv-00038-SHL-HCA (S.D. Iowa, May 20, 2026) The court introduces the case: After filing a lawsuit against a competitor in Tennessee, Plaintiff IntermediaryEd (formerly known as “ACT”) sent letters to two of … Continue reading →

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“hypoallergenic” plausibly means “free of ingredients likely to sensitize the skin”

Posted on July 3, 2026 by rtushnet

Novick v. Unilever U.S., Inc., 2026 WL 1879145, No. 25cv4804 (EP) (JBC) (D.N.J. Jul. 30, 2026) The court mostly allows claims that the “hypoallergenic” and “sensitive skin” representations on Unilever’s Dove Sensitive Skin Body Wash are false and misleading because … Continue reading →

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