Author Archives: rtushnet

competitor’s challenge to use of expired certification marks must go to trial

Posted on June 6, 2025 by rtushnet

FireBlok IP Holdings v. Hilti, Inc., No. 19-cv-50122, 2025 WL 1557924 (N.D. Ill. Jun. 4, 2025) FireBlok sued defendants, relevantly for false advertising and false association. The court denied FireBlok’s motion for summary judgment. FireBlok alleged that defendants’ use of … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

P&G’s primary jurisdiction argument over tampon labels goes down like a lead balloon

Posted on May 30, 2025 by rtushnet

Barton v. Procter & Gamble Co., 766 F.Supp.3d 1045 (S.D. Cal. 2025) Plaintiffs alleged that P&G’s Tampax Pearl and Radiant tampons had dangerous levels of lead; the court allowed some of the usual California claims to proceed, including for injunctive … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Deadline extended to Friday: TM scholarship roundtable

Posted on May 28, 2025 by rtushnet

  TM scholarship roundtable The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at the University of Pennsylvania in Philadelphia, PA. The Roundtable is designed to be a … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court holds Elon Musk couldn’t be deceived by statements he coauthored

Posted on May 26, 2025 by rtushnet

Musk v. OpenAI, Inc., 2025 WL 1482386, No. 4:24-CV-04722-YGR (N.D. Cal. May 1, 2025) I’m only discussing the false advertising claims; they are funny. Musk’s false advertising claim under California law fails because “there is no evidence Musk relied on … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

omission of FedEx’s role in embryo transport was potentially deceptive

Posted on May 22, 2025 by rtushnet

S.W. v. Cryoport, Inc., 2025 WL 1421909, No. 8:24-cv-02212-AH-(DFMx) (C.D. Cal. Apr. 24, 2025) Tragic facts in this consumer protection case. Plaintiffs underwent IVF treatments in 2019 to preserve their options, resulting in six cryopreserved healthy embryos. They contracted with … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

omissions-based deceptiveness claims are easier to bring in Cal. than NY

Posted on May 22, 2025 by rtushnet

Gamino v. Spin Master, Inc., No. ED CV 23-2242-DMG (SPx), 2025 WL 1421907 (C.D. Cal. Mar. 31, 2025) California and New York residents sued the manufacturers of certain children’s toys they purchased, “Orbeez water beads,” alleging the water beads pose … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Reminder: TM scholarship roundtable

Posted on May 20, 2025 by rtushnet

The Trademark and Unfair Competition Scholarship Roundtable co-hosted by Harvard, NYU, and the University of Pennsylvania will take place this year at the University of Pennsylvania in Philadelphia, PA. The Roundtable is designed to be a forum for the discussion … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Court finds literal falsity where two supposedly distinct, rated reverse mortgage sellers are actually one

Posted on May 16, 2025 by rtushnet

Longbridge Financial, LLC v. Mutual of Omaha Mortgage, Inc., No. 24-cv-1730-DMS-VET, 2025 WL 1382866 (S.D. Cal. May 13, 2025) Mutual owns defendant Review Counsel and is the first and only advertising partner of defendant Advisory; those two have similar websites. … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Lanham Act false advertising disgorgement is equitable; no jury trial required

Posted on May 12, 2025 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Wesley Financial Group, LLC, No. 3:20-CV-00251-DCLC-DCP, 2025 WL 1334625 (E.D. Tenn. May 7, 2025) Another timeshare case! Diamond alleged that defendants engaged in “a deceptive timeshare cancellation business” that induces Diamond’s timeshare owners … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Georgetown Law Institute for Technology Law & Policy student writing competition

Posted on May 12, 2025 by rtushnet

 The annual Georgetown Law Institute for Technology Law & Policy student writing competition is now open.  We hope you will encourage your students to submit their papers for consideration. Students are invited to submit papers that provide analysis or insights on issues at the intersection … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment