Author Archives: rtushnet

10th Circuit finds that disparagement by pet food company was commercial speech though affiliated vets’/nonprofits’ speech wasn’t

Posted on July 16, 2026 by rtushnet

KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., No. 24-3185 (10th Cir. Jul. 14, 2026) The court of appeals affirms in part and reverses in part the district court opinion dismissing Lanham Act claims against Hill’s and other defendants. … Continue reading →

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safety claims aren’t vague in context of child car seats

Posted on July 16, 2026 by rtushnet

Ricardo Moncada v. Nuna Baby Essentials, Inc., — F.Supp.3d —-, 2026 WL 866852, No. 25-cv-2592 (PKC) (S.D.N.Y. Mar. 30, 2026) Nuna allegedly marketed its Rava-brand children’s car-seat product by emphasizing its safety features and a product-testing regimen that exceeded American … Continue reading →

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Under Armour defeats Lanham Act claim, must continue to fight tortious interference

Posted on July 16, 2026 by rtushnet

Multiple Energy Technol., LLC v. Under Armour, Inc., 2026 WL 2016679, 2:20-CV-664 (W.D. Pa. Jul. 13, 2026) Bioceramic powder is “a substance that is integrated into clothing, and, when worn, allegedly improves sleep and muscle recovery.” Plaintiff MET made a … Continue reading →

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DDC won’t protect World Professional Association for Transgender Health against FTC/WD Tex

Posted on July 13, 2026 by rtushnet

World Professional Association for Transgender Health v. Federal Trade Comm’n, No. 26-532 (JEB), 2026 WL 1999008 (D.D.C. Jul. 10, 2026) Some broader commentary on the regime’s mostly successful attempt to attack transgender care in Texas. A main promise of the … Continue reading →

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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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