Author Archives: rtushnet

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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no initial interest confusion from a deactivated product page that list zero results

Posted on July 23, 2025 by rtushnet

Alsa Refinish LLC v. The Home Depot, Inc., 2025 WL 2014281, No. 2:23-cv-09965-SVW (C.D. Cal. Mar. 18, 2025) Previous discussion of related case by same plaintiff. The Home Depot “sells home improvement products, including a wide assortment of paints and … Continue reading →

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XL BBL and Petite BBL are generic for what you think they’re generic for

Posted on July 22, 2025 by rtushnet

Andre P. Marshall, M.D. Inc. v. Squlpt Management, LLC, 2025 WL 2025000, No. 2:24-cv-01784-SB-AS (C.D. Cal. Jul. 14, 2025) The interesting false advertising component of this case doesn’t get resolved on summary judgment, but we do get a finding that … Continue reading →

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AI voice cloning opinion narrows claims to ROP, rejecting TM and (most) copyright theories

Posted on July 21, 2025 by rtushnet

Lehrman v. Lovo, Inc., — F.Supp.3d —-, 2025 WL 1902547, 24-CV-3770 (JPO) (S.D.N.Y. Jul. 10, 2025) Plaintiffs alleged that Lovo misled them about its use of their voices, using AI to synthesize and sell unauthorized “clones” of their voices. They … Continue reading →

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Amicus brief on CMI removal in Doe v. Github

Posted on July 21, 2025 by rtushnet

 With Jennifer Urban, Erik Stallman, and Pam Samuelson, I’m happy to have worked on this amicus brief discussing the text, history, and structure of 1202. from Blogger http://tushnet.blogspot.com/2025/07/amicus-brief-on-cmi-removal-in-doe-v.html

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