Category Archives: Uncategorized

call for submissions: Harvard/Stanford/Yale Junior Faculty Forum, June 3-4, 2024

Posted on January 18, 2024 by rtushnet

 Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum June 3-4, 2024, Stanford Law School Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2024 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Stanford Law School on June 3-4, 2024. … Continue reading →

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over dissent, 6th Circuit holds that large player in fragmented market could show proximate cause under Lexmark

Posted on January 17, 2024 by rtushnet

Campfield v. Safelite Gp., Inc., — F.4th —-, 2024 WL 164976, Nos. 22-3204/3225 (6th Cir. Jan. 16, 2024) Over a dissent in relevant part, the court revived plaintiff Ultra Bond’s Lanham Act claim relating to vehicle glass repair and replacement … Continue reading →

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after experts excluded, slack fill class action fails

Posted on January 16, 2024 by rtushnet

Krause-Pettai v. Unilever United States, Inc., — F.Supp.3d —-, 2023 WL 6429805, No. 20-cv-1672-AGS-BLM (S.D. Cal. Sept. 30, 2023) This case is about “nonfunctional slack fill,” or useless empty space, inside underarm-deodorant sticks. The court rejected the claim on summary … Continue reading →

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new article w/Mark Lemley: First Amendment Neglect in SCOTUS IP Cases

Posted on January 16, 2024 by rtushnet

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases … Continue reading →

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Tea Rose flour ads

Posted on January 15, 2024 by rtushnet

 Thanks, Library of Congress! My search for depictions of the dueling Tea Rose flours in Hanover Star Milling Co. v. Metcalf, 240 U.S. 403 (1916), had previously been futile, but not any more. from Blogger http://tushnet.blogspot.com/2024/01/tea-rose-flour-ads.html

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“carbon neutral” plausibly misleading because consumers don’t understand it

Posted on January 12, 2024 by rtushnet

Dorris v. Danone Waters, 2024 WL 112843, No. 22 Civ. 8717 (NSR) (S.D.N.Y. Jan. 10, 2024) Plaintiffs alleged that advertising Evian as “carbon neutral” violated the consumer protection statutes of New York, Massachusetts, and California, and constituted breach of express … Continue reading →

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always-available, effortless discount plausibly makes higher “regular” price misleading

Posted on January 8, 2024 by rtushnet

Vizcarra v. Michaels Stores, Inc., — F.Supp.3d —-, 2024 WL 64747, No. 23-cv-00468-PCP (N.D. Cal. Jan. 5, 2024) Vizcarra alleged that Michaels deceptively advertises its products as discounted when in fact they are always available for at least 20% less … Continue reading →

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where cross-examination exposes lack of TM confusion, out-of-court confusion “evidence” becomes less credible

Posted on January 5, 2024 by rtushnet

Florida Virtual School v. K12, Inc., 2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. Fla. Jan. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. statements as … Continue reading →

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“2x Omega” that wasn’t 2x the regular product was plausibly misleading

Posted on January 5, 2024 by rtushnet

Caldwell v. Nordic Naturals, Inc., 2024 WL 24325, No. 23-cv-02818-EMC (N.D. Cal. Jan. 2, 2024) Caldwell alleged that the dietary supplement product “Ultimate® Omega 2X” misled consumers into thinking that there is double the amount of omega-3  per serving than … Continue reading →

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sending emails under former employees’ names may be reverse passing off

Posted on January 3, 2024 by rtushnet

LoanDepot.com, LLC v. CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 22-cv-5971 (AS) (S.D.N.Y. Dec. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. CCM counterclaimed for abuse of process and … Continue reading →

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