Author Archives: rtushnet

3d Circuit affirmance shows that false advertising damages remain hard to prove

Posted on September 2, 2025 by rtushnet

CareDX, Inc. v. Natera, Inc., 2025 WL 2480117, No. 23-2427, No. 23-2428 (3d Cir. Aug. 28, 2025) The court of appeals affirms the district court in this Lanham Act/coordinate Delaware state law case based on allegedly false claims Natera made … Continue reading →

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keyword ad claim fails out of the gate, but bad (c) claim not yet challenged

Posted on September 2, 2025 by rtushnet

Regalo Int’l LLC v. Aborder Prods. Inc, 2025 WL 2483167, No. 3:24-CV-03270-E (N.D. Tex. Aug. 28, 2025) Eric Goldman on the keyword ad aspects of this case about pet and baby gates. Regalo alleged that Aborder sold “knock-offs of Plaintiffs’ … Continue reading →

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9th Circuit finds laches in false advertising case

Posted on August 25, 2025 by rtushnet

World Nutrition Inc. v. Advanced Supplementary Tech. Corp., 2025 WL 2427613, No. 24-4976 (9th Cir. Aug. 22, 2025) Over a partial dissent, the court of appeals reverses the district court’s refusal of a laches defense in this false advertising case, … Continue reading →

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graphic designer’s photos and hashtag using former client’s name didn’t infringe TM

Posted on August 21, 2025 by rtushnet

Hilber v. Malley’s Candies, Inc., 2025 WL 2402329, No. 1:22-CV-02305 (N.D. Ohio Aug. 19, 2025) Advertising is often created by independent contractors, which has copyright risks when things go sour. Here, the court denies summary judgment on the defendant’s implied … Continue reading →

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literal falsity wasn’t enough without evidence of lost sales or harm to goodwill

Posted on August 21, 2025 by rtushnet

G. W. Aru, LLC v. W. R. Grace & Co.-Conn., No. JKB-22-2636, 2025 WL 2402194 (D. Md. Aug. 19, 2025) Previous decision resolving some pretrial issues; this opinion comes after a bench trial, which resulted in a ruling for defendant … Continue reading →

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class certification partly granted in Tesla self-driving case

Posted on August 21, 2025 by rtushnet

In Re Tesla Advanced Driver Assistance Systems Litig., No. 22-cv-05240-RFL, 2025 WL 2391446 (N.D. Cal. Aug. 18, 2025) While not adopting all plaintiffs’ arguments, the court certifies a limited class to challenge Tesla’s full self-driving claims. I’m going to omit … Continue reading →

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Recommended reading: Jessica Litman, Authorship Nonsense

Posted on August 21, 2025 by rtushnet

 Read it here. Abstract: Copyright law’s primary device for promoting progress is to bestow rights on the authors of works. Rights vest automatically and last for a very long time. Authors’ choices to retain, license, or transfer those rights fuel … Continue reading →

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court rejects Schedule A claims against sellers of compatible parts/accessories

Posted on August 19, 2025 by rtushnet

Bestway Inflatables & Material Corp. v. Individuals, Corporations, Limited Liability Companies, Partnerships, & Unincorporated Associations Identified on Schedule A Hereto, 2025 WL 2380699, No. 24 C 11697 (N.D. Ill. Aug. 15, 2025) When they tell you that Schedule A cases … Continue reading →

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drug company plausibly alleged confusion about partnership but not falsity of “same drug” claims about Canadian imports

Posted on August 18, 2025 by rtushnet

AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2025 WL 2374490 (N.D. Ill. Aug. 15, 2025) AbbVie sells the specialty drugs Humira, Skyrizi, and Rinvoq. Payer Matrix is “an alternative funding provider that works with self-funded health plans … Continue reading →

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court finds unique tracking of units of fluoride products immaterial even if vaguely safety-related

Posted on August 12, 2025 by rtushnet

Method Pharmaceuticals, LLC v. H2-Pharma, LLC, 2025 WL 2298395, No. 2:20-cv-753-ECM (M.D. Ala. Aug. 8, 2025) Method asked the court to reconsider its ruling granting summary judgment on certain false advertising claims to H2, which sells a fluoride product as … Continue reading →

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