Category Archives: Uncategorized

New Jersey would not recognize a common law tort of false advertising, says fed ct

Posted on October 17, 2025 by rtushnet

Pim Brands, Inc. v. New Cibo Vita LLC, No. 25-cv-01418(MEF)(AME), 2025 WL 2938602 (D.N.J. Oct. 16, 2025) The parties compete in the market for yogurt-covered fruit snacks, and the plaintiff alleged false advertising, including unfair competition claim under New Jersey … Continue reading →

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Conspicuous Consumers, NYU Engelberg Center

Posted on October 17, 2025 by rtushnet

Welcome and Keynote: Nancy Mahon, SVP, Global Corporate Citizenship & Sustainability, The Estée Lauder Companies Interesting talk; I learned that UK consumers respond well to claims that a product decreases the company’s carbon footprint, but US consumers aren’t interested in … Continue reading →

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California’s limits on use of “doctor” in healthcare settings are constitutional regulations of commercial speech

Posted on October 13, 2025 by rtushnet

Palmer v. Bonta, 2025 WL 2882948, No. EDCV 23-1047 JGB (SPx) (C.D. Cal. Sept. 19, 2025) Plaintiffs alleged that California Business and Professions Code § 2054(a), on its face and as enforced, violates the First Amendment because it provides, in … Continue reading →

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court allows false advertising claim based on manipulation of Amazon’s “variation” system

Posted on October 7, 2025 by rtushnet

Corsair Gaming, Inc. v. Choice Electronics Inc., 2025 WL 2822691, No. 5:25-cv-00045-BLF (N.D. Cal. Oct. 3, 2025) Corsair sued Choice for alleged infringement by selling used, unauthorized, or counterfeit Corsair computer/gaming products. This opinion deals with Choice’s counterclaims. The false … Continue reading →

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court rejects affiliation confusion theory for lack of harm, declines to order tarps over P’s goods

Posted on October 6, 2025 by rtushnet

Survitec Survival Prods., Inc. v. Fire Protection Service, Inc., 2025 WL 2782332, No. H-21-312 (S.D. Tex. Sept. 30, 2025) This case demonstrates exactly why harm to the plaintiff should be explicitly a part of a trademark case that relies on … Continue reading →

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Second Circuit reverses literal falsity finding based on dispute over meaning of “brand”

Posted on October 6, 2025 by rtushnet

Zesty Paws LLC v. Nutramax Laboratories, Inc., — F.4th —-, No. 24-1810, 2025 WL 2810078 (2d Cir. Oct. 3, 2025) The court of appeals reverses the district court opinion discussed here, which had granted a preliminary injunction on Zesty’s Lanham … Continue reading →

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A couple of Third Circuit amicus briefs (AI training and false advertising harm)

Posted on October 3, 2025 by rtushnet

Thomson Reuters v. Ross, arguing that training is fair use. With Edward Lee of Santa Clara Law, Matthew Sag of Emory University, Pamela Samuelson of UC Berkeley School of Law, Christopher John Sprigman of New York University School of Law. And an … Continue reading →

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HomeVestors opinion shows that post-JDI Rogers v. Grimaldi can’t give security to titles

Posted on October 1, 2025 by rtushnet

HomeVestors of America, Inc. v. Warner Bros. Discovery, Inc., 2025 WL 2301911, No. 22-1583-RGA (D. Del. Aug. 8, 2025) Rogers v. Grimaldi no longer provides a path to early dismissal for many expressive uses in titles. For titles, it might … Continue reading →

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We have (less of) the meats: court mostly denies Arby’s motion to dismiss in misleading photos case

Posted on October 1, 2025 by rtushnet

Alongis v. Arby’s Restaurant Group, Inc., 2025 WL 2772810, 2:23-cv-6593 (NJC) (LGD) (N.D.N.Y. Sept. 29, 2025) The court declines to dismiss claims under the NY GBL that Arby’s photographs misrepresented (1) whether its roast beef was rare rather than fully … Continue reading →

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court dismisses popcorn calorie/slack fill claims for failure to account for popcorn’s compressibility

Posted on October 1, 2025 by rtushnet

Borgen v. Hershey Salty Snack Sales Co., 2025 WL 2753734, No. 24-cv-1635-BJC-JLB (S.D. Cal. Sept. 2, 2025) I just like the facts here: Plaintiffs alleged that defendants’ SkinnyPop popcorn has too much slack fill. In particular, they alleged that the … Continue reading →

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