Author Archives: rtushnet

literal falsity might not matter with sufficiently sophisticated customers

Posted on January 10, 2025 by rtushnet

G. W. Aru, LLC v. W. R. Grace & Co.-Conn., No. JKB-22-2636, 2025 WL 45827 (D. Md. Jan. 7, 2025) I’m skipping most of the patent parts, though they are very much present in the case and interact with a … Continue reading →

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“Target Clean” might certify specific qualities to reasonable consumers

Posted on January 2, 2025 by rtushnet

Boyd v. Target Corp., — F.Supp.3d —-, 2024 WL 4287669, No. 23-CV-02668 (KMM/DJF) (D. Minn. Sept. 25, 2024) This interesting lawsuit relies on Target’s curatorial reputation for the false advertising claim. Target is headquartered in Minnesota and plaintiffs sought to … Continue reading →

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“pure” chocolate may be deceptive if it has too much heavy metal

Posted on December 31, 2024 by rtushnet

In re Theos Dark Chocolate Litigation, 2024 WL 4336631, No. 23-cv-02739-HSG, — F.Supp.3d —- (N.D. Cal. Sept. 27, 2024) Plaintiffs alleged that Theo’s dark chocolate bars contained, or risked containing, the heavy metals cadmium, lead, and arsenic at levels exceeding … Continue reading →

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Reading list: The Patterns of Digital Deception, Gregory Dickinson

Posted on December 30, 2024 by rtushnet

B.C.L.R. (2024). From the introduction: … In contrast with the mass emails of old, scammers now stalk and target their victims with expert precision. … To bolster the FTC’s traditional, case-by-case approach to combating unfair competition, lawmakers have proposed (and in … Continue reading →

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false advertising claim survives because math is hard for reasonable consumers

Posted on December 24, 2024 by rtushnet

Robertson v. Clean Control Corp., No. 5:24-cv-01478-SSS-DTBx, 2024 WL 5193852 (C.D. Cal. Dec. 18, 2024) Robertson bought Odoban, a concentrated multi-purpose cleaning product, which states “Makes up to 32 Gallons” on the front label. That principally describes Odoban as a … Continue reading →

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Two recent amicus briefs: Santos v. Kimmel and Sedlik v. Von Drachtenberg

Posted on December 23, 2024 by rtushnet

 In the Second Circuit, supporting fair use on a motion to dismiss in Santos v. Kimmel, and in the Ninth Circuit, supporting the jury’s verdict of lack of substantial similarity in Sedlik v. Von Drachtenberg.  from Blogger http://tushnet.blogspot.com/2024/12/two-recent-amicus-briefs-santos-v.html

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Celebration on Rimini Street as it achieves significant (c)/Lanham Act victories in 9th Circuit

Posted on December 18, 2024 by rtushnet

Oracle Int’l Corp. v. Rimini Street, Inc., — F.4th —-, No. 23-16038, 2024 WL 5114449 (9th Cir. Dec. 16, 2024) Rimini Street gets a reasonably substantial victory in its long-running battle with Oracle in this appeal. Prior rulings held that … Continue reading →

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Reading list: Carys Craig, The AI-Copyright Trap

Posted on December 12, 2024 by rtushnet

 The AI-Copyright Trap Carys J. Craig Abstract As AI tools proliferate, policy makers are increasingly being called upon to protect creators and the cultural industries from the extractive, exploitative, and even existential threats posed by generative AI. In their haste … Continue reading →

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incontestable LIZZIE BORDEN registration + actual confusion insufficient to overcome weight of history, 1st Circuit rules

Posted on December 11, 2024 by rtushnet

US Ghost Adventures, LLC v. Miss Lizzie’s Coffee LLC, No. 23-2000 (1st Cir. Nov. 15, 2024) The Lizzie Borden House “bears a storied history that originates with the still-unsolved murders — in 1892 — of Lizzie Borden’s father and stepmother.” … Continue reading →

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allegations of copied instructions lead to finding of noninfringement and possible 512(f) violation

Posted on December 11, 2024 by rtushnet

MFB Fertility, Inc. v. Action Care Mobile Veterinary Clinic, LLC, — F.Supp.3d —-, 2024 WL 1719347, No. 23 cv 3854 (N.D. Ill. Apr. 22, 2024) MFB sued Action Care for copyright and trademark infringement; Action Care counterclaimed for misrepresentation under … Continue reading →

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