Category Archives: Uncategorized

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 →

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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 →

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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 →

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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 →

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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 →

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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 →

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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 →

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competitor lacks standing under Cal. law because it didn’t rely on alleged misrepresentations; its customers did

Posted on May 27, 2026 by rtushnet

Kachuck Enters. v. Mission Produce, Inc., — F.Supp.3d —-, 2026 WL 216475, No. 2:25-cv-01523-AH-JCx (C.D. Cal. Jan. 22, 2026) This was a putative class action about alleged misrepresentations made by distributors and suppliers of Mexican-grown avocados that their avocados are … Continue reading →

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despite some skepticism, court mostly allows adtech vendor’s disparagement claims against competitor to proceed

Posted on May 27, 2026 by rtushnet

Double Verify Holdings, Inc. v. Adalytics Research, LLC, No. 25-1535-TDC, 2026 WL 1133411 (D. Md. Apr. 27, 2026) DoubleVerify is in the business of “helping brands, agencies, and publishers verify that their digital advertising investments are delivered as intended.” Its … Continue reading →

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9th Circuit reverses dismissal where plaintiff plausibly alleges that an ingredient is non-natural flavoring

Posted on May 26, 2026 by rtushnet

Trammell v. KLN Enterprises, Inc., No. 24-6097 (9th Cir. May 15, 2026) Perfect summary: The defendant company in this case represented to consumers that its berry snacks product contained no artificial flavors. The plaintiff bought the product believing the representation … Continue reading →

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