Author Archives: rtushnet

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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INTA report on AI and likely confusion analysis

Posted on June 29, 2026 by rtushnet

 INTA’s press release is here. INTA was kind enough to invite me to the launch as press. I’m still digesting overall but the most interesting comment was about consistency: One panelist suggested that AI’s effect on this “hobgoblin of small minds” … Continue reading →

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Reading List: Jessica Litman, Casting Aspersions

Posted on June 26, 2026 by rtushnet

Read it now. Short, readable, and recommended: “If the politics of reforming copyright law to pay more attention to whether and how much … money finds its way into authors’ pockets seems too daunting to try, that says a great … Continue reading →

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Amicus in 5th Circuit age verification/app store case

Posted on June 24, 2026 by rtushnet

 On behalf of the Organization for Transformative Works and the Wikimedia Foundation, Inc. The brief emphasizes the breadth of noncommercial speech affected by Texas’s app store rating, age verification, and parental consent requirements.  from Blogger https://tushnet.blogspot.com/2026/06/amicus-in-5th-circuit-age.html

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“dishwasher safe” wasn’t too ambiguous to deceive where cutlery was top-rack only

Posted on June 24, 2026 by rtushnet

Simpson v. Walgreen Co., — F.Supp.3d —-, 2026 WL 413565, No. 23-cv-16465 (N.D. Ill. Feb. 13, 2026) Simpson bought Walgreens’ Complete Home Heavy Duty (Complete Home) plastic cutlery. The front and back of the product were labeled “DISHWASHER SAFE” and … Continue reading →

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We need federal anti-SLAPP law: Scientist wins summary judgment on Splenda’s defamation & related claims

Posted on June 24, 2026 by rtushnet

TC Heartland LLC v. Schiffman, 2026 WL 1785093, No. 1:23-CV-665 (M.D.N.C. Jun. 22, 2026) In a time of rising authoritarianism, it’s not that surprising seeing companies following the lead of Trump, Musk, and the like in suing their critics whose … Continue reading →

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PediaSure “growth” claims might communicate height gain, but price premium theory fails

Posted on June 8, 2026 by rtushnet

Noriega v. Abbott Labs., 2026 WL 1601501, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Jun. 4, 2026) Conventional wisdom is that certification is the ballgame for consumer class actions, but it might be empirically mistaken. This case is an example where … Continue reading →

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6th Circuit approves of using (at least) same similarity standard for dilution as for confusion

Posted on June 8, 2026 by rtushnet

Scotts Co. v. Procter & Gamble Co., 2026 WL 1601797, No. 25-3555 (6th Cir. Jun. 4, 2026) Discussion of trade dress opinion here. False advertising claim here. The district court didn’t abuse its discretion in denying a preliminary injunction against … Continue reading →

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