Author Archives: rtushnet

bad influence: claims against vodka producer proceed, including failure to disclose endorser payments

Posted on June 27, 2024 by rtushnet

Sava v. 21st Century Spirits, LLC, 2024 WL 3161625, No. 22 C 6083 (N.D. Ill. Jun. 25, 2024) 21st Century sells Blue Ice Vodka and uses influencers to promote it. Plaintiffs brought claims under the state consumer protection statutes of … Continue reading →

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Initial thoughts on Elster

Posted on June 17, 2024 by rtushnet

In part so as not to repudiate big chunks of Tam/Brunetti, the Court instead delivers a major rebuke to Reed v. Town of Gilbert, 576 U.S. 155 (2015) (content-based regulation triggers strict scrutiny), except it doesn’t tell us the scope … Continue reading →

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Is a free trial version “commercial speech”?

Posted on June 11, 2024 by rtushnet

Enigma Software Gp. USA LLC v. Malwarebytes Inc., 2024 WL 2883671, No. 17-cv-02915-EJD (N.D. Cal. Jun. 6, 2024) This is the latest decision in long-running litigation over Malwarebytes’ characterization of Enigma’s competing cybersecurity and anti-malware software as “malicious,” a “threat,” … Continue reading →

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where ingredients list can’t clarify ambiguity, “manage blood sugar” claim is plausibly misleading

Posted on June 10, 2024 by rtushnet

Prescott v. Abbott Laboratories, — F.Supp.3d —-, 2024 WL 2843092, No. 23-cv-04348-PCP (N.D. Cal. Jun. 5, 2024) Abbott Laboratories’s Glucerna line of powders and shakes are marketed as scientifically designed for people with diabetes to help manage blood sugar. Plaintiffs … Continue reading →

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“#1 Brand” claim was literally false because of apples-to-oranges comparison

Posted on June 10, 2024 by rtushnet

Zesty Paws LLC v. Nutramax Labs., Inc., No. 23 Civ. 10849 (LGS), 2024 WL 2853622 (S.D.N.Y. Jun. 4, 2024) Finding Zesty Paws’ “#1 Brand” claim literally false, the court grants a preliminary injunction despite Zesty Paws’ attempt to create a … Continue reading →

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Another challenge to “up to 8 hours of relief” proceeds

Posted on June 4, 2024 by rtushnet

Sheiner v. Supervalu Inc., 2024 WL 2803030, No. 22 Civ. 10262 (NSR) (S.D.N.Y. May 28, 2024) Supervalu sold a “Maximum Strength Lidocaine Patch” product which contained “topical anesthetic 4% Lidocaine” which “desensitize[s] aggravated nerves” to provide “temporary relief of pain” … Continue reading →

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Second Circuit affirms rejection of “All Natural” survey as too leading

Posted on June 3, 2024 by rtushnet

Bustamante v. KIND, LLC, 100 F.4th 419 (2d Cir. 2024) The court of appeals affirmed summary judgment in favor of KIND on Bustamante’s false advertising consumer protection class action claims based on KIND’s “All Natural” labeling. The complaint alleged that … Continue reading →

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“up to” absorbency claims for period underwear were plausibly misleading

Posted on May 28, 2024 by rtushnet

Gamino v. Thinx Inc., No. EDCV 23-2067 JGB (SHKx), 2024 WL 2429307 (C.D. Cal. Apr. 18, 2024) Gamino brought a host of California statutory and common law claims against Thinx, alleging that Thinx’s period underwear didn’t function as advertised; specifically, … Continue reading →

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BIPLA (Boston Intellectual Property Law Association) Writing Competition call for papers

Posted on May 16, 2024 by rtushnet

1st Prize:$1,000 2nd Prize:$500  BIPLA is once again holding its annual Writing Competition. Law school students are encouraged to submit papers relating to topics involving intellectual property law. Judges will consider the merits of each paper based on: (i) contribution … Continue reading →

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Reminder on Call for Papers: Trademark and Unfair Competition Scholarship Roundtable 2024

Posted on May 13, 2024 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 Harvard. The Roundtable is designed to be a forum for the discussion of current trademark, false advertising, and … Continue reading →

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