Author Archives: rtushnet

RAW power: over dissent, 9th Circuit orders trial on infringement, cancellation of TM applications

Posted on April 5, 2024 by rtushnet

BBK Tobacco & Foods LLP v. Central Coast Agriculture, Inc., — F.4th —-, 2024 WL 1356981, Nos. 22-16190, 22-16281 (9th Cir. Apr. 1, 2023) Over a dissent, the panel reverses the grant of summary judgment on noninfringement, reasoning that the … Continue reading →

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Dueling surveys don’t defeat class certification in supplement suit

Posted on April 5, 2024 by rtushnet

Corbett v. PharmaCare U.S., Inc., 2024 WL 1356220, No. 21cv137-JES (AHG) (S.D. Cal. Mar. 29, 2024) The court partially grants class certification and rejects motions to exclude experts. Plaintiffs allege consumer protection and breach of warranty claims based on PharmaCare’s … Continue reading →

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My latest acquisition

Posted on April 4, 2024 by rtushnet

 My son informs me that this is an “illegal build” but I like it anyway. from Blogger http://tushnet.blogspot.com/2024/04/my-latest-acquisition.html

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failure to properly allege falsity dooms FedEx at 6th Circuit

Posted on April 3, 2024 by rtushnet

Fedex Ground Package System, Inc. v. Route Consultant, Inc., No. 23-5456, — F.4th —-, 2024 WL 1364707 (6th Cir. 2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection … Continue reading →

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The People’s Joker

Posted on April 1, 2024 by rtushnet

 Interesting NYT story, in which I am quoted. from Blogger http://tushnet.blogspot.com/2024/04/the-peoples-joker.html

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Podcast on Bass Notes and Base Rates

Posted on April 1, 2024 by rtushnet

 I’m on Excited Utterance with Ed Cheng discussing my article with Chris Buccafusco. from Blogger http://tushnet.blogspot.com/2024/04/podcast-on-bass-notes-and-base-rates.html

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Gerber’s Good Start troubles continue

Posted on March 29, 2024 by rtushnet

Hasemann v. Gerber Prods. Co., 2024 WL 1282368, No. 15-CV-2995(EK)(JAM), 16-CV-1153(EK)(JAM), 17-CV-0093(EK)(JAM) (E.D.N.Y. Mar. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. GSG uses cow’s milk protein … Continue reading →

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conjoint analysis has to isolate challenged representations

Posted on March 29, 2024 by rtushnet

Moore v. GlaxoSmithKline Consumer Healthcare Holdings (US) LLC, — F.Supp.3d —-, 2024 WL 348821, No: 4:20-cv-09077-JSW (N.D. Cal. Jan. 30, 2024) The court grants partial class certification and allows/excludes some expert testimony in this case alleging that ChapStick products were misleadingly … Continue reading →

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disclaimers that require consumers to understand tech, history and law don’t avoid lawsuit over “flushable”

Posted on March 29, 2024 by rtushnet

Schotte v. Stop & Shop Supermarket Co., 2024 WL 1251284, No. 1:23-cv-10897-IT (D. Mass Mar. 22, 2024) Stop & Shop allegedly deceptively advertised cleansing wipe products as “flushable” in violation of Mass. Gen. Laws ch. 93A; Schotte also brought warranty, … Continue reading →

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adult venue’s insurer did not successfully exclude ads from ad injury coverage

Posted on March 28, 2024 by rtushnet

Princeton Excess & Surplus Lines Ins. Co. v. R.I. Cranston Entertainment Inc.; 2024 WL 1285631, C.A. No. 21-63-JJM-PAS (D.R.I. Mar. 26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various … Continue reading →

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