Category Archives: Uncategorized

Reading List: morality and trademarks in South Asia

Posted on March 19, 2025 by rtushnet

Zehra Jafri, One Sari, Three Different Ways to Drape It: Trademarks, Religion, Language, and Morality in Post-Colonial India, Pakistan, and Bangladesh, 40 UCLA Pacific Basin Law Journal 127 (2023)  Abstract: Pakistan, India, and Bangladesh were all established on a sense of … Continue reading →

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asterisk alone makes front of package claims ambiguous

Posted on March 17, 2025 by rtushnet

Wong v. Iovate Health Sciences U.S.A. Inc., 2025 WL 821451, No. 2:24-cv-00901-DAD-CKD (E.D. Cal. Mar. 14, 2025) Is an asterisk on the front of a package a get-out-of-jail-free card for false advertising? If the disclosure doesn’t flatly contradict the claim, … Continue reading →

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discovery rule applies to false “reference price” allegations at outlet stores

Posted on March 17, 2025 by rtushnet

Clark v. Eddie Bauer LLC, — F.Supp.3d —-, 2025 WL 814924, No. 2:20-cv-01106-RAJ (W.D. Wash. Mar. 12, 2025) A good choice for publication given that the opinion addresses (and rejects) some arguments I haven’t seen before. Clark sued Eddie Bauer … Continue reading →

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false claims of buying and “rebranding” a festival lead to disclosure/correction remedies

Posted on March 14, 2025 by rtushnet

Nantucket Wine & Food Festival, LLC v. Gordon Companies, Inc., — F.Supp.3d —-, No. 24-11640-LTS, 2024 WL 5442374 (D. Mass. Dec. 12, 2024) Wild facts here. Plaintiff NWF runs an annual, multi-day event on Nantucket called the Nantucket Wine & … Continue reading →

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“natural” products can be produced in factories

Posted on March 13, 2025 by rtushnet

Karabas v. TC Heartland LLC, 2025 WL 777001, No. 24-CV-2722 (AMD) (VMS) (E.D.N.Y. Mar. 11, 2025) Karabas alleged that Heartland deceptively marketed its stevia-based sweetener as “100% Natural” when the sweetener’s two ingredients — stevia leaf extract and erythritol — … Continue reading →

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court once again reduces false advertising statutory damages award to 10% of request on constitutional grounds

Posted on March 12, 2025 by rtushnet

Montera v. Premier Nutrition Corp., 2025 WL 751542, No. 16-cv-06980-RS (N.D. Cal. Mar. 10, 2025) I just taught this case!—The court once again, after remand, reduces a statutory damages award based on NY consumer protection law from $83 million to … Continue reading →

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comparative advertising isn’t confusing

Posted on March 10, 2025 by rtushnet

Windmar PV Energy, Inc. v. Solar Now Puerto Rico, LLC, 2025 WL 725078, NO. 24-1570 (RAM) (D.P.R. Mar. 6, 2025) A frivolous lawsuit against comparative advertising; the court gets the right result at least. Windmar and Solar now compete in … Continue reading →

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“natural” claims proceed because reasonable consumers can know little about pet food

Posted on March 6, 2025 by rtushnet

Goetz v. Ainsworth Pet Nutrition, LLC, 2025 WL 692426, No. 24-CV-04799 (JPO) (S.D.N.Y. Mar. 3, 2025) Plaintiffs alleged violations of Sections 349 and 350 of the New York General Business Law and breach of warranty based on defendants’ allegedly false … Continue reading →

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job postings aren’t “commercial advertising or promotion” for hiring party’s goods/services

Posted on March 4, 2025 by rtushnet

Sun Nong Dan Foods, Inc. v. Kangnam1957, Inc., 2024 WL 5440252, No. 2:23-cv-09779-WLH-RAO (C.D. Cal. Nov. 19, 2024) Not a surprise, but fills a gap in the caselaw: employment ads aren’t “commercial advertising and promotion” for the business trying to … Continue reading →

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Rogers v. Grimaldi lives on, at least for work content

Posted on February 28, 2025 by rtushnet

Of note because the lawsuit was brought at all, suggesting that trademark owners are willing to try to roll back any First Amendment protections for noncommercial speech. Pepperdine University v. Netflix, Inc., No. 2:25-cv-01429-CV (ADSx), 2025 WL 632983 (C.D. Cal. … Continue reading →

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