Author Archives: rtushnet

A thin record prevents ruling on a thin copyright

Posted on April 10, 2026 by rtushnet

Viann’K Mansur LLC v. Estiloisabella LLC, 2026 WL 952416, No. H-23-2914 (S.D. Tex. Feb. 26, 2026) “The parties in this case sell elaborate ball gowns for quinceanera parties, the celebration of a Latin American girl’s fifteenth birthday.” Defendant Etilolsabella LLC, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Reading list: The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment

Posted on April 9, 2026 by rtushnet

Alisher Juzgenbayev, The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment, 120 Nw. U. L. Rev. 1449 (2026). Abstract Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent … Continue reading →

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

prefacing statements with “allegedly” or calling them “estimates” doesn’t make them nonfalsifiable opinion

Posted on April 9, 2026 by rtushnet

V Shred, LLC v. Kramer, 2026 WL 895614, No. 2:25-cv-01341-CDS-DJA (D. Nev. Apr. 1, 2026) V Shred is a health and wellness company specializing in “online exercise training programs, exercise apparel, and nutritional supplements.” Kramer is a social media influencer … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

two cases reach opposite results over whether “health” claims are misleading if products are lead-contaminated

Posted on April 8, 2026 by rtushnet

Lopez v. Mead Johnson Nutrition Co., 2026 WL 788492, No. 24-cv-03573-HSG (N.D. Cal. Mar. 20, 2026) Lopez alleged that Mead infant formulas’ packaging contains deceptive statements that imply that they are generally nutritious and have “no detrimental, harmful, or genetically … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“carbon neutral” not plausibly misleading where D bought offsets from 3d-party certifiers, despite methodological disputes

Posted on April 8, 2026 by rtushnet

Bell v. R.J. Reynolds Vapor Co., 2026 WL 915295, No. 25-cv-04521-TLT (N.D. Cal. Feb. 20, 2026) Bell brought the usual California claims based on RJR’s alleged misrepresentation of its products’ carbon neutrality. The court dismissed the complaint. RJR labeled its … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

the continuing merger of TM and the right of publicity: court can’t tell the defenses apart

Posted on April 8, 2026 by rtushnet

Upper Deck Co. v. Pixels.com LLC, No. 3:24-cv-00923-BAS-DEB, 2026 WL 776227 (S.D. Cal. March 19, 2026) Eric Goldman’s discussion. Upper Deck makes sports memorabilia (including sports player trading cards), and has exclusive licensing agreements with various athletes, including famous basketball … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , | Leave a comment

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 →

Posted in Uncategorized | Tagged | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment