Monthly Archives: September 2026

candy buyers fail to allege difference between pumpkin & Jack-o’-lantern shape

Posted on September 22, 2026 by rtushnet

Vidal v. Hershey Co., No. 24-60831-CIV-DAMIAN, 2026 WL 2730302 (S.D. Fla. Sept. 16, 2026) Reese’s Peanut Butter Pumpkins with carved face on package actual candy There’s a Reese’s Peanut Butter pumpkin. It was advertised with a Jack-o’-lantern package, but the … Continue reading →

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Amicus in section 230 false light case

Posted on September 17, 2026 by rtushnet

 The EFF, Eric Goldman, Jess Miers, Mark Lemley, and I filed a brief in Does 1-10 v. Freesites in the Fourth Circuit, arguing that context–the other third-party content surrounding a post–cannot be the basis for a false light claim against a … Continue reading →

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Amicus in Rise & Shine

Posted on September 16, 2026 by rtushnet

 I’ve submitted a brief on behalf of trademark scholars in support of neither party. Summary of argument: The issue before the Court is whether trademark strength in a likely confusion analysis is a question of fact or a question of … Continue reading →

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it’s hard to get rid of a foreign TM owner’s complaint at the motion to dismiss stage despite territoriality

Posted on September 4, 2026 by rtushnet

Honest Greens Barcelona, S.A.U. v. Poky’s LLC, 2026 WL 2593358, No. 4:24-cv-07023-JD (D.S.C. Sept. 2, 2026) Honest Greens operates restaurants in Spain and Portugal under the HONEST GREENS name and related marks; it owns registrations for HONEST GREENS in several … Continue reading →

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dct strikes down California’s new recyclability law on vagueness/1A grounds

Posted on September 2, 2026 by rtushnet

California League of Food Producers v. Bonta, 2026 WL 2055589, No. 3:26-cv-01675-WQH-BLM (S.D. Cal. Jul. 14, 2026) Trade associations challenged a California law about recyclability claims; the court found it unconstitutionally vague and also unconstitutional under Central Hudson. Basically, the … Continue reading →

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