Author Archives: rtushnet

Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery

Posted on January 8, 2026 by rtushnet

Roadget Business PTE. Ltd. v. PDD Holdings Inc., 2026 WL 44864, No. 24-2402 (TJK) (D.D.C. Jan. 7, 2026) Plaintiff, aka Shein, sells low-priced fashion and lifestyle products through a website and mobile application. Defendant runs a competing, discount-driven online platform—Temu. … Continue reading →

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Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims

Posted on January 8, 2026 by rtushnet

Hein v. Mai, 2026 WL 44798, No. 24-01126-JWB (D. Kan. Jan. 7, 2026) Some interesting stuff going on in the genealogy world! The Volga German people are individuals of German origin who moved to the Volga region of Russia in … Continue reading →

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false advertising’s injury requirement causes reverse passing off claim to fail

Posted on January 7, 2026 by rtushnet

Kesters Merchandising Display International, Inc. v. SurfaceQuest, Inc., — F.4th —-, 2026 WL 35198, No. 24-3112 (10th Cir. Jan. 6, 2026) SurfaceQuest allegedly marketed its products with photographs of its competitor Kesters’ competing product. Kesters sells “a lightweight, seamless material … Continue reading →

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laches, once established, bars Lanham Act claims even during more recent periods

Posted on January 7, 2026 by rtushnet

Design Gaps, Inc. v. Distinctive Design & Construction LLC, — F.4th —-, 2025 WL 3492373, No. 24-1860 (Dec. 5, 2025) Super complicated facts; I’ll try to focus on the Lanham Act laches part because of that. “[A]fter a squabble developed … Continue reading →

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what particularity is required when an ad campaign has zillions of possibly algorithmic variants?

Posted on January 7, 2026 by rtushnet

Ledesma v. Hismile, Inc., — F.Supp.3d —-, 2025 WL 3785960, No. 24-cv-03626-KAW (N.D. Cal. Sept. 23, 2025) Blogging because it’s one of the first cases I’ve seen that has to address questions raised by algorithmically modified ads that are different … Continue reading →

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literal falsity can exist without bald-faced lies, 9th Circuit confirms

Posted on December 30, 2025 by rtushnet

InSinkErator, LLC v. Joneca Co., No. 25-286 (9th Cir. Dec. 29, 2025) The court of appeals affirms the grant of a preliminary injunction, previously discussed, against Joneca’s advertising of its garbage disposals. InSinkErator argued that Joneca’s horsepower designations were literally … Continue reading →

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court rejects politician’s slogan claim

Posted on December 29, 2025 by rtushnet

Cloobeck v. Villaraigosa, No. 2:25–cv–03790–AB (SK) (C.D. Cal. Dec. 8, 2025) Cloobeck, a 2026 California gubernatorial election candidate, alleged infringement of the phrase “PROVEN PROBLEM SOLVER” by competing candidate Villaraigosa. Cloobeck used “I AM A PROVEN PROBLEM SOLVER” in connection … Continue reading →

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no abuse of discretion in PI requiring advertiser to terminate liens that it told homeowners weren’t liens

Posted on December 24, 2025 by rtushnet

People v. MV Realty PBC, LLC, 2025 WL 3719896, B341121 (Cal. Ct. App. Dec. 23, 2025) Blogging more in my property law prof hat, but with false advertising. MV Realty recorded liens on its customers’ properties, but assured homeowners that … Continue reading →

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“monk fruit sweetener” plausibly should have more than 1.15% monkfruit

Posted on December 22, 2025 by rtushnet

Grimbaldeston v. Saraya USA, Inc., 2025 WL 3677857, No. 25-cv-05649-RFL (N.D. Cal. Dec. 17, 2025) Grimbaldeston brought the usual California claims based on allegations that Saraya deceptively overstated the amount of monk fruit in its sugar substitute. The court mostly … Continue reading →

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trademark law firm loses trademark lawsuit

Posted on December 19, 2025 by rtushnet

LegalForce RAPC Worldwide P.C. v. MH Sub I, LLC, No. C 24-00669 WHA, 2025 WL 3675365 (N.D. Cal. Dec. 18, 2025) LegalForce, a law firm “specializing in trademark law,” sued online referrer to law firms MH for infringing two service … Continue reading →

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