Author Archives: rtushnet

Use of competitor’s photo in comparative ads caused no (c) damage, appeals court holds

Posted on April 15, 2024 by rtushnet

I Dig Texas, LLC v. Creager, — F.4th —-, 2024 WL 1590590, No. 23-5046 (10th Cir. Apr. 12, 2024) The district court found that use of a competitor’s photos in comparative advertising was fair use; the court of appeals affirms … Continue reading →

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Hospital’s use of Meta’s Pixel, despite promise to keep data private, plausibly deceptive

Posted on April 15, 2024 by rtushnet

Mekhail v. North Memorial Health Care, — F.Supp.3d —- , 2024 WL 1332260, No. 23-CV-00440 (KMM/TNL) (D. Minn. Mar. 28, 2024) Mekhail alleged that North’s use of a piece of hidden software on its websites (a pixel developed by Meta) … Continue reading →

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Good Meat is descriptive for sustainable meat-related services, plausibly deceptive for lab-grown meat

Posted on April 15, 2024 by rtushnet

Good Meat Project v. GOOD Meat, Inc., — F.Supp.3d —- , 2024 WL 1083462,  No. 23-cv-04145-RFL (N.D. Cal. Feb. 12, 2024) GMP is a nonprofit focused on sustainable butchery and meat production practices. It provides farmers, ranchers, and butchers with … Continue reading →

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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

Posted on April 12, 2024 by rtushnet

People v. Ashford University, LLC, 100 Cal.App.5th 485, 319 Cal.Rptr.3d 132, D080671 (Feb. 20, 2024) Defendants Zovio and Ashfort are the former owners and operators of an online university. The trial court found that for more than a decade, defendants … Continue reading →

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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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