Author Archives: rtushnet

Private label brands show lack of exclusive use for Pedialyte’s trade dress claim, but bad social media use saves TM claim

Posted on August 27, 2026 by rtushnet

Abbott Laboratories v. Revitalyte LLC, 2026 WL 2374024, No. 23-1449 (DWF/DTS) (D. Minn. Apr. 30, 2026) The court here allows part of Abbott’s infringement claim to proceed, including against “compare to Pedialyte,” which I think is wrong, though Revitalyte did … Continue reading →

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9th Circuit orders class decertified: common issues on materiality/damages insufficient without deception

Posted on August 25, 2026 by rtushnet

Rusoff v. Happy Group, Inc., — F.4th —-, 2026 WL 2387098, No. 24-7706 (9th Cir. Aug. 17, 2026) Court’s summary: This is a deceptive advertising class action concerning “pasture raised” labels on egg cartons. After excluding the opinion of plaintiffs’ … Continue reading →

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court finds ROP claim preempted where model initially consented to being in ad

Posted on August 25, 2026 by rtushnet

Delacruz v. Roc Nation LLC, No. 2:25-cv-11864-AH-(SSCx), 2026 WL 2455107 (C.D. Cal. Jul. 28, 2026) Should copyright preemption apply to a right of publicity claim where the original, consented-to use of the work was created for advertising? The court here … Continue reading →

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compounding pharmacy must face drugmaker’s Lanham Act claims based on false 503B compliance statements

Posted on August 17, 2026 by rtushnet

Pacira BioSciences, Inc. v. Nephron Sterile Compounding Center, LLC, No. 3:23-cv-05552-CMC, 2026 WL 2267750 (D.S.C. Aug. 6, 2026) Pacira sells an FDA-approved pain management drug called EXPAREL. Nephron allegedly made various false and misleading statements about two of Nephron’s competing … Continue reading →

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anti-Chinese memory chips blog & report weren’t commercial speech despite alleged competitor funding

Posted on August 17, 2026 by rtushnet

Yangtze Memory Technologies, Inc. v. Micron Technology, Inc., 2026 WL 2350276, No. 1:25-cv-01795 (CJN) (D.D.C. Aug. 13, 2026) On the one hand, there’s a risk of suppressing valuable noncommercial speech if we apply the Lanham Act too broadly; on the … Continue reading →

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heavy weather for heavy metals in infant food

Posted on August 17, 2026 by rtushnet

Choudhry v. Mead Johnson & Co., 2026 WL 2349932, No. 25-cv-09480 (ER) (S.D.N.Y. Aug. 13, 2026) Plaintiffs alleged that various Enfamil infant formulas contained arsenic, cadmium, and lead, heavy metals that present significant health risks, particularly to young children, and … Continue reading →

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a lot of balls: golf ball manufacturer states claim for allegedly false UV light comparison

Posted on August 14, 2026 by rtushnet

TaylorMade Golf Co. v. TopGolf Callaway Brands Corp., 2026 WL 2244259, No. 3:26-cv-250-GPC-BJW (S.D. Cal. Aug. 4, 2026) TaylorMade sued Callaway, a competitor in the golf ball market, for federal and state false advertising/unfair competition. TaylorMade alleged substantial investment in … Continue reading →

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“battery tender” isn’t generic for guess what, but keyword advertising is fine

Posted on August 14, 2026 by rtushnet

Deltona Transformer Corporation v. NOCO Company, — F.4th —-, 2026 WL 2236806, No. 24-13590 (11th Cir. Aug. 4, 2026) Competitors aren’t generally allowed the same freedom as consumers to “genericize” a term. Here, the 11th Circuit finds no error in … Continue reading →

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is an avocado a vegetable or a fruit? Court says it’s ambiguous

Posted on August 14, 2026 by rtushnet

Parashos v. Once Upon A Farm, No. 26-cv-00314-EMC,  2026 WL 2283647 (N.D. Cal. Aug. 7, 2026) Once Upon A Farm allegedly violated California consumer protection laws by misleadingly labeling its baby product as the “Wild Rumpus Avocado ‘Fruit & Veggie … Continue reading →

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trademark claim proceeds with essentially no detail, despite trade dress failure

Posted on August 13, 2026 by rtushnet

Honest Company, Inc., v. Butterblu, LLC, 2026 WL 2211834, No. 2:26-cv-00019-WLH-MBK (C.D. Cal. Jul. 28, 2026) Honest sued former partner Butterblu for trademark infringement and related claims. Honest sells products in the diaper and wipes, skin and personal care, and … Continue reading →

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