Category Archives: Uncategorized

consumer false advertising plaintiffs can’t use surveys the way competitors can

Posted on October 13, 2026 by rtushnet

Sinatro v. Barilla America, Inc., No. 22-cv-03460-ASK (N.D. Cal. Sept. 30, 2026) Deception of a substantial number of reasonable consumers, even well less than a majority, can be the basis of Lanham Act liability. But consumer protection cases have difficulty … Continue reading →

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Schedule A false advertising TRO dissolved for the defendants who showed up

Posted on October 13, 2026 by rtushnet

Kiel James Patrick, LLC v. Partnerships & Unincorporated Associations Identified on Schedule A, 2026 WL 3015613, C.A. No. 25-cv-633-MRD-AEM (D.R.I. Oct. 7, 2026) KJP filed a Schedule A claim against a bunch of defendants for false designation of origin/false advertising; … Continue reading →

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dismissal of NYC’s consumer protection claims against fossil fuel companies affirmed

Posted on October 13, 2026 by rtushnet

City of New York v. Exxon Mobil Corp., 2026 WL 3023932, Appeal No. 6583, — N.Y.S.3d —- (App. Div. Oct. 8, 2026) False advertising claims against fossil fuel companies for contributing to climate change are hard to win. The City … Continue reading →

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would-be competitor lacks Lanham Act standing

Posted on October 13, 2026 by rtushnet

Onego Bio Inc. v. Clara Foods Co., 2026 WL 3033777, No. 1:25-cv-01131-JDW (D. Del. Oct. 9, 2026) Onega Bio sought a declaratory judgment that defendant EVERY’s patent covering recombinant ovalbumin protein was invalid and unenforceable and that Onego didn’t not … Continue reading →

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candy buyers fail to allege difference between pumpkin & Jack-o’-lantern shape

Posted on September 22, 2026 by rtushnet

Vidal v. Hershey Co., No. 24-60831-CIV-DAMIAN, 2026 WL 2730302 (S.D. Fla. Sept. 16, 2026) Reese’s Peanut Butter Pumpkins with carved face on package actual candy There’s a Reese’s Peanut Butter pumpkin. It was advertised with a Jack-o’-lantern package, but the … Continue reading →

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Amicus in section 230 false light case

Posted on September 17, 2026 by rtushnet

 The EFF, Eric Goldman, Jess Miers, Mark Lemley, and I filed a brief in Does 1-10 v. Freesites in the Fourth Circuit, arguing that context–the other third-party content surrounding a post–cannot be the basis for a false light claim against a … Continue reading →

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Amicus in Rise & Shine

Posted on September 16, 2026 by rtushnet

 I’ve submitted a brief on behalf of trademark scholars in support of neither party. Summary of argument: The issue before the Court is whether trademark strength in a likely confusion analysis is a question of fact or a question of … Continue reading →

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it’s hard to get rid of a foreign TM owner’s complaint at the motion to dismiss stage despite territoriality

Posted on September 4, 2026 by rtushnet

Honest Greens Barcelona, S.A.U. v. Poky’s LLC, 2026 WL 2593358, No. 4:24-cv-07023-JD (D.S.C. Sept. 2, 2026) Honest Greens operates restaurants in Spain and Portugal under the HONEST GREENS name and related marks; it owns registrations for HONEST GREENS in several … Continue reading →

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dct strikes down California’s new recyclability law on vagueness/1A grounds

Posted on September 2, 2026 by rtushnet

California League of Food Producers v. Bonta, 2026 WL 2055589, No. 3:26-cv-01675-WQH-BLM (S.D. Cal. Jul. 14, 2026) Trade associations challenged a California law about recyclability claims; the court found it unconstitutionally vague and also unconstitutional under Central Hudson. Basically, the … Continue reading →

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look, there’s a lawsuit: bad claim against comedian leads to anti-SLAPP award

Posted on August 31, 2026 by rtushnet

Morake v. Mwanyenyeka, No. 2:26-cv-02795-JLS-AS, 2026 WL 2548629 (C.D. Cal. Aug. 28, 2026) Noted because, well, it’s an unusually bad claim. Morake is the creator and original performer of “Nants’ingonyama bagithi Baba,” the opening chant from Disney’s The Lion King. … Continue reading →

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