Author Archives: rtushnet

license agreement termination might be invalid transfer in gross without a new partner for licensor

Posted on December 17, 2025 by rtushnet

Form Portfolios LLC v. Food52, Inc., 2025 WL 3638165, No. 24-cv-07690 (NCM) (CLP) (E.D.N.Y. Dec. 16, 2025) Form designs consumer products, partnering with other companies that license those designs. Food52 sells cookware and other homegoods under the brand Dansk. This … Continue reading →

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Reading list and comments: Doctrine, Data, and the Death of DuPont

Posted on December 15, 2025 by rtushnet

Thomas Reichert, Doctrine, Data, and the Death of DuPont   Abstract: For fifty years, courts have claimed to apply a comprehensive thirteen-factor test for trademark confusion. They are lying, or at least deeply mistaken. Using AI-powered analysis of 4,000 decisions, this … Continue reading →

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reasonable consumers read promotion terms on a gambling app, court rules

Posted on December 15, 2025 by rtushnet

De Leon v. DraftKings, Inc., 2025 WL 3551627, No. 25cv644 (DLC) (S.D.N.Y. Dec. 11, 2025) The court rejects false advertising claims against gambling site DraftKings. “Three of the plaintiffs became addicted to online gambling and have suffered both financial and … Continue reading →

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Third Circuit affirms disgorgement award in “Made in the USA” case

Posted on December 11, 2025 by rtushnet

Newborn Bros. Co. v. Albion Engineering Co., No. 24-1548, No. 24-3046, 2025 WL 3540060 (3d Cir. Dec. 10, 2025) Along with his rally-going, Judge Bove did participate in this nonprecedential affirmance of various rulings, including disgorgement, in this false advertising … Continue reading →

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despite rejecting Lanham Act PI, court enjoins D from making negative statements about P in public if prospective customers might see

Posted on December 11, 2025 by rtushnet

Red Sense LLC v. Bohuslavskiy, 2025 WL 3539968, No. 25cv12281 (EP) (AME) (D.N.J. Dec. 10, 2025) This case illustrates that tortious interference has a small remaining scope—where there’s no “commercial advertising or promotion” because of the failure to solicit a … Continue reading →

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9th Circuit chips away at consumer protection again

Posted on December 11, 2025 by rtushnet

Hussain v. Campbell Soup Co., No. 24-6041 (9th Cir. Dec. 10, 2025) Nonprecedential despite a dissent. The majority affirms dismissal of claims in a putative class action suit alleging that Kettle Brand “Air Fried” chips are deceptively labeled as solely … Continue reading →

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sitting by designation, Judge Bibas says there’s no de minimis exception to Lanham Act false advertising

Posted on December 9, 2025 by rtushnet

Montway LLC v. Navi Transport Services LLC, — F.Supp.3d —-, 2025 WL 3151403, No. 25-cv-00381-SB (D. Del. Nov. 11, 2025) Judge Bibas either likes sitting by designation or is willing to take one for the team; here’s another of his … Continue reading →

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paying a late-disclosed “drip pricing” fee suffices as injury under Cal’s new law

Posted on December 8, 2025 by rtushnet

Chowning v. Tyler Tech., Inc., 2025 WL 3496690, No. 4:25-CV-04009-YGR (N.D. Cal. Dec. 5, 2025) One of the first “drip pricing” cases I’ve seen under California’s new law, which the court reads to enable certain claims over and above previous … Continue reading →

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Lack of evidence on lost goodwill leads to remittitur (but also proposed doubling of lost profits)

Posted on December 5, 2025 by rtushnet

Sterilite Corp. v. Olivet International, Inc., No. 1:22-cv-10327-JEK, 2025 WL 3460553 (D. Mass. Dec. 2, 2025) A jury awarded Sterilite $11 million in damages for Olivet’s willful infringement of the trade dress in Sterilite’s storage cabinets and drawers: $2,656,711 in … Continue reading →

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thorough opinion allows CT’s greenwashing claims against Exxon to proceed

Posted on December 5, 2025 by rtushnet

State v. Exxon Mobil Corp., 2025 WL 3459468, No. HHDCV206132568S (Conn. Super. Ct. Nov. 26, 2025) The court allows greenwashing claims against Exxon to proceed under the Connecticut Unfair Trade Practices Act (CUTPA). The state alleged a decades-long “systematic campaign … Continue reading →

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