Category Archives: Uncategorized

Second Annual Aspiring Free Speech Scholars Workshop

Posted on June 4, 2026 by rtushnet

jointly sponsored by the Sandra Day O’Connor College of Law (ASU)and the Hoover Institution (Stanford University) Because of a technical problem, any submissions before June 4, 2026 were lost; please resubmit (or submit for the first time) at the new … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

court allows TM and false advertising claims against “toxic backlink” SEO disparagement campaign (SEM, for minimization?)

Posted on June 4, 2026 by rtushnet

Montway LLC v. Nexus AT LLC, 2026 WL 1552185, No. 25 C 13100, No. 26 C 1056 (N.D. Ill. Jun. 2, 2026) Although the UCL unfair competition claims got kicked out, federal trademark and false advertising claims survive in this … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Instagram disparagement by alleged competitor isn’t commercial speech

Posted on June 4, 2026 by rtushnet

Farina v. Omari, No. 24-11098 (SDW) (AME), 2026 WL 1552256 (D.N.J. Jun. 2, 2026) The court grants a motion to dismiss in this defamation/false advertising claim centered on online videos. “Farina is a consultant in the aesthetic surgery industry and … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Reading list: Deception wins at the Federal Circuit

Posted on June 2, 2026 by rtushnet

 “A doctrine that was meant to deter deception thus rewards its most sophisticated form: technically accurate fragments presented as universal facts.” This student article shows how the Federal Circuit allowed two layers of deceptive advertising: advertising results from p-hacking, without … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

9th Circuit applies Dastar to bar false advertising liability based on “first to market” claims

Posted on June 1, 2026 by rtushnet

Vericool World, LLC v. Igloo Products Corp., No. 24-192, 2026 WL 1239879, — F.4th —- (9th Cir. May 6, 2026) Judge Bumatay dissented from this decision extending Dastar to bar Lanham Act false advertising claims over who was “first” to … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

claim that entity sells unapproved drugs does not misrepresent “origin, sponsorship, or approval” for Lanham Act purposes

Posted on June 1, 2026 by rtushnet

Peptide Tech LLC v. Avidia Bank, 2026 WL 1506049, No. 25-13179-MJJ (D. Mass. May 28, 2026) Plaintiff sells peptides; Avidia is a bank and acquiring bank for merchants who accept credit and debit card payments. Doe defendants allegedly reported Peptide … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

plaintiff delay affects irreparable harm and balance of equities where third parties rely on defendant

Posted on May 29, 2026 by rtushnet

Pulling Guard Prods., LLC v. Lambert, No. 26-CV-2305 (PJS/LIB), 2026 WL 1481302 (D. Minn. May 27, 2026) Plaintiff made a “strong showing” that defendants’ “Minnesota Monsters” name and branding infringe its “Duluth Harbor Monsters” mark, though it didn’t show likely … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

a bot maybe accessed a former employer’s trade secrets; larger trade secret/false advertising issues ensure employer’s victory

Posted on May 29, 2026 by rtushnet

Capconvert, LLC v. Brown, 2026 WL 1471880, No. 26-cv-02149-CRB (N.D. Cal. May 26, 2026) Capconvert sued its former employee Brown primarily over alleged misappropriation of Capconvert’s trade secrets and confidential information for use in a competing business venture involving search … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Igloo must face biodegradability/recycled content/made in USA consumer claims

Posted on May 29, 2026 by rtushnet

Lieber v. Igloo Products Corp., — F.Supp.3d —-, 2026 WL 266301, No. 25-CV-488 (ARR) (LKE) (E.D.N.Y. Feb. 2, 2026) I’ll get to the Igloo 9th Circuit case eventually. This case is a putative consumer class action against Igloo, alleging that … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

America Unfinished: book announcement

Posted on May 29, 2026 by rtushnet

America Unfinished 250 Years of Law and Governance Edited by Alexandra Natapoff and Guy-Uriel E. Charles From the publisher: An engaging and timely essay collection on the challenges, risks, and opportunities of this historic moment in American law and governance. … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment