Author Archives: rtushnet

Amicus in support of cert in Lanham Act intent/damages case

Posted on February 24, 2026 by rtushnet

 Truth in Advertising, Barton Beebe, Mark Lemley, Alexandra Roberts and I just filed a brief arguing that the Supreme Court should clarify the role of intent in Lanham Act cases. from Blogger http://tushnet.blogspot.com/2026/02/amicus-in-support-of-cert-in-lanham-act.html

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Does “Dead Weeds in 1 Day” mean the entire weed will die, or just the visible part?

Posted on February 23, 2026 by rtushnet

Scotts Co. v. Procter & Gamble Co., 2026 WL 482655, No. 2:24-cv-4199 (S.D. Ohio Feb. 20, 2026) Previously, the court rejected Scotts’ request for a preliminary injunction of the trade dress of P&G’s Spruce brand of weed killer products, finding … Continue reading →

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(c) licensor’s claims about competitor’s allegedly worse licenses were opinion, not falsifiable fact

Posted on February 23, 2026 by rtushnet

Tresóna Multimedia, LLC v. Pre-Cleared Ltd. D/B/A ClicknClear, 2026 WL 480858, No. 25-cv-6202 (GBD) (S.D.N.Y. Feb. 19, 2026) Tresóna, a music copyright licensing entity, sued competitor ClicknClear for NY state and federal false advertising. The court dismissed the claim. Since … Continue reading →

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Fairlife brand name plausibly misleading where cows allegedly lived abuse-filled lives of suffering

Posted on February 18, 2026 by rtushnet

Bhotiwihok v. Fairlife, LLC, № 2:25-cv-01650-ODW (AGRx), 2026 WL 413749 (C.D. Cal. Feb. 13, 2026) “In 2014, Select Milk, a dairy cooperative, partnered with Coca-Cola to launch Fairlife, a company with an eponymous line of premium milk and milk products…. … Continue reading →

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disgorgement can’t be a lottery windfall–even when D was engaged in illegal gambling

Posted on February 16, 2026 by rtushnet

TNT Amusements, Inc. v. Torch Electronics, LLC, 2026 WL 411747, No. 4:23-CV-330-JAR (E.D. Mo. Feb. 13, 2025) Previously. TNT leases traditional arcade games in retail locations throughout Missouri. Torch Electronics leases “no-chance” gaming devices in the same market. A jury … Continue reading →

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CFP: emerging First Amendment scholars

Posted on February 10, 2026 by rtushnet

Second Annual Aspiring Free Speech Scholars Workshopjointly sponsored by the Sandra Day O’Connor College of Law (ASU)and the Hoover Institution (Stanford University) Are you a law student, judicial law clerk, lawyer, or beginning academic hoping to publish a journal article … Continue reading →

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“ambiguity” is taking hold in consumer protection class actions, but it’s not the Lanham Act concept

Posted on February 6, 2026 by rtushnet

Ramirez v. S. Martinelli & Co., 2026 WL 272621, No. 25-cv-07569-NC (N.D. Cal. Feb. 2, 2026) Martinelli’s apple juice products’ front labels state either “Premium 100% Juice Not From Concentrate” or “100% Juice From U.S. Grown Fresh Apples.” The products … Continue reading →

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conducting dueling internet searches converts attys into fact witnesses in TM case

Posted on February 6, 2026 by rtushnet

Vicious Brands, Inc. v. Face Co., No. 24-cv-04996-LJC, 2026 WL 276178 (N.D. Cal. Feb. 3, 2026) (magistrate) Plaintiff, aka Saints & Sinners, sued Face, aka Skin Saint, alleging trademark infringement and false advertising. The court granted the motion to dismiss … Continue reading →

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Santa Clara IP Conference: Where Do We Go From Here?

Posted on January 31, 2026 by rtushnet

Moderator: Edward Lee, Santa Clara Law BJ Ard (copyright), University of Wisconsin Law School © is often displaced by contract and other regimes in sectors—scaling it up or down would produce minimal impact. Consumer copying for example is often solved … Continue reading →

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Santa Clara IP conference: How It’s Going: What Went Wrong?

Posted on January 30, 2026 by rtushnet

Moderator: Zahr Said, Santa Clara Law Mark Lemley (patent), Stanford Law School After 40 years of radical change, things settled down for normalcy in the last 10 years until Trump. 1980-2017: we grant 350,000 a year up from 50,000; now … Continue reading →

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