Category Archives: Uncategorized

Chobani’s “zero sugar” yogurt with allulose violates FDA regs despite FDA’s nonenforcement; 7th Circuit reverses preemption ruling

Posted on August 10, 2026 by rtushnet

Franco v. Chobani, LLC, No. 25-2087 (7th Cir. Jul. 27, 2026) Federal law requires that foods advertised as sugar free contain less than a half gram of sugar. Chobani sold Chobani Zero Sugar Yogurt, but it included four grams per … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

false advertising in online games leads to over $700 million award to competitor

Posted on August 10, 2026 by rtushnet

Skillz Platform Inc. v. Papaya Gaming, Ltd., 2026 WL 2151126, No. 24cv1646 (DLC) (S.D.N.Y. Jul. 27, 2026) Some previous opinions (more linked there). At a jury trial, Skillz won a substantial damage award for false advertising about Papaya’s use of … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

warnings about effects of “killer acquisitions” on Shopify apps aren’t about tangible characteristics and aren’t factual claims

Posted on August 10, 2026 by rtushnet

Jika Inc. v. Loop Solutions, Inc., No. 2:26-CV-05530-JAK (MARx), 2026 WL 2138604 (C.D. Cal. Jul. 20, 2026) Jika, d/b/a Skio & Recharge, sued Loop for false advertising/tortious interference/unfair competition/trade libel for ads it ran in response to Recharge’s acquisition of … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Probiotic throwdown continues w/factual dispute over clinical studies

Posted on August 10, 2026 by rtushnet

ExeGi Pharma, LLC v. VSL Pharmaceuticals, Inc., 2026 WL 2144541, No. 19-cv-02479-LKG (D. Md. Jul. 27, 2026) This is the latest opinion in a long and tangled sequence. ExeGi sued VSL for tortious interference with business relationships and unfair competition … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

IPSC Closing Plenary Session: AI Everywhere All at Once

Posted on August 8, 2026 by rtushnet

Plagiarism or Transformation Machines? Evidence on Copyright, Economic Substitutes, and AI, Stefan Bechtold (with David Abrams & Christian Peukert) Prevalence rate: OpenAI v. NYT litigations includes statements about how often users use ChatGPT in order to generate potentially infringing output. … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC Breakout Session 5, IP, Politics & Identity

Posted on August 7, 2026 by rtushnet

Intellectual Property and Political Identity, Barbara Lauriat IP features some strange bedfellows, going back as early as we can find about patent & ©. Project: a book on Intellectual Property & Victorian Inquiry, examining Royal Commissions on Patent & Copyright. … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

IPSC Breakout Session 4, Design, Trademark & IP Boundaries

Posted on August 7, 2026 by rtushnet

Backdoor Trade Dress, Rachael Dickson Strange things are afoot at the PTO. Applications for line drawings of specific products. They are not configuration marks for the product design. They’re just design marks. In addition to the usual TM registration requirements, … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

IPSC Breakout Session 3 Trademark Confusion & Consumer Perception

Posted on August 7, 2026 by rtushnet

Trademark Confusion as a Matter of Law, Andrew Michaels Is infringement a proposition about the world, or about the law? Fact: an empirical predictive question about the world. Law: a normative judgment about whether there should be legal responsibility—is the … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

IPSC Breakout Session 2 Copyright Fixation & Subject Matter

Posted on August 6, 2026 by rtushnet

Culture Isn’t Transitory: The Disappearance of Music and Film Under the Copyright Regime Amanda M. Whorton & David S. Levine How could © improve cultural heritage preservation? Modestly change fixation to help archivists. We have only one video recording of … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

IPSC Breakout Session 1 Copyright Secondary Liability

Posted on August 6, 2026 by rtushnet

Copyright’s Intent, Mark McKenna (with Laura A. Heymann & Alfred C. Yen) Cox: Contributory infringement for service providers can be shown only with intent, or with a service tailored to infringement. What happened to Gershwin? Will courts really accept that? … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment