Author Archives: rtushnet

IPSC: TM II/(c) II

Posted on August 7, 2025 by rtushnet

Trademark II Mary Catherine Amerine, The George Washington University Law School, Mind the Gap: How Brand Gimmicks Have Made Infinite the Zone of Expansion Doritos x Empirical alcohol: on shelves for three years. Tesla mezcal. Le Moutarde Vin wine cobranded … Continue reading →

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IPSC: TM I/(c) I

Posted on August 7, 2025 by rtushnet

IPSC, DePaul Trademark I Stacey Dogan, Boston University School of Law, Hollywood’s Trademark Law Courts seem to be treating classically expressive uses, including titles of movies, as source-indicating; Kagan didn’t seem to intend this result and courts should be more … Continue reading →

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Amicus brief on unconstitutionality of dilution by tarnishment

Posted on August 5, 2025 by rtushnet

 Filed in the return of JDI v. VIP to the Ninth Circuit. from Blogger http://tushnet.blogspot.com/2025/08/amicus-brief-on-unconstitutionality-of.html

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resale is not a misrepresentation of being an authorized seller under false advertising law

Posted on August 4, 2025 by rtushnet

FB Select, LLC v. Ocean Blue Trading, LLC, No. 24-cv-8425 (PKC), 2025 WL 2172653 (S.D.N.Y. Jul. 31, 2025) Finding cases where TM and false advertising law give different outputs on the same facts because of lack of harm/materiality/falsity is my … Continue reading →

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court upholds nine-figure verdict in false advertising case

Posted on August 1, 2025 by rtushnet

Guardant Health, Inc. v. Natera, Inc., 2025 WL 2106522, No. 21-cv-04062-EMC (N.D. Cal. Jul. 28, 2025) Previous opinion discussed here. Guardant sued Natera for falsely advertising a clinical test; after the court denied a PI, it conducted a trial at … Continue reading →

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I write letters

Posted on July 31, 2025 by rtushnet

To Alan Garber & John Manning: As a member of the law faculty (and, not for nothing, a professor of the First Amendment), I am writing you to express my strong opposition to any “settlement” with the Trump Administration. Harvard … Continue reading →

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9th Circuit affirms class status based on materiality of claim in product name

Posted on July 28, 2025 by rtushnet

Noohi v. Johnson & Johnson Consumer Inc., — F.4th —-, 2025 WL 2089582, No. 23-55190 (9th Cir. Jul. 25, 2025) J&J sells Neutrogena Oil-Free Face Moisturizer for Sensitive Skin. The district court certified a class in a consumer protection case … Continue reading →

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court finds advertising injury insurance coverage in false association case despite consumer fraud and other exclusions

Posted on July 25, 2025 by rtushnet

Illinois Casualty Co. v. Kladek, Inc., No. 22-3214 (DWF/DJF), 2025 WL 2071043 (D. Minn. Jul. 23, 2025) ICC sought declaratory judgment that it didn’t have to defend (or indemnify) its insured in a Lanham Act false association lawsuit brought by … Continue reading →

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amicus in Prevagen v. FTC appeal

Posted on July 25, 2025 by rtushnet

 Led by Truth in Advertising; I was happy to sign on. from Blogger http://tushnet.blogspot.com/2025/07/amicus-in-prevagen-v-ftc-appeal.html

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alleged use of competitor’s corporate “persona” didn’t cause actionable confusion

Posted on July 24, 2025 by rtushnet

SME Steel Contractors, Inc. v. Seismic Bracing Co., LLC, No. 2023-2426, 2025 WL 2057365 (Fed. Cir. Jul. 23, 2025) Discussion of previous district court opinion here. Because a patent is involved, the appeal on all issues goes to the Federal … Continue reading →

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