Category Archives: Uncategorized

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 →

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IPSC Opening Plenary Session: IP Openness, Secrecy, and Enclosure

Posted on August 6, 2026 by rtushnet

Selective Exploitation, Kristelia García Justifications for deference to rightsholders in enforcement context are less persuasive than justifications for deference to rightsholders in exploitation decisions. These aren’t infringers—outside of ©’s standard infringement/remedies scope. Conduct at issue: shifting content from Peacock to … Continue reading →

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Reading list: Do Louis Vuitton’s Registered Trademarks in China Appropriate Traditional Chinese Culture?

Posted on August 4, 2026 by rtushnet

 Do Louis Vuitton’s Registered Trademarks in China Appropriate Traditional Chinese Culture? Ohio State Legal Studies Research Paper No. 980 20 Pages Posted: 4 Aug 2026 Daniel C. K. Chow Michael E. Moritz College of Law Date Written: August 03, 2026 … Continue reading →

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10th Circuit finds that disparagement by pet food company was commercial speech though affiliated vets’/nonprofits’ speech wasn’t

Posted on July 16, 2026 by rtushnet

KetoNatural Pet Foods, Inc. v. Hill’s Pet Nutrition, Inc., No. 24-3185 (10th Cir. Jul. 14, 2026) The court of appeals affirms in part and reverses in part the district court opinion dismissing Lanham Act claims against Hill’s and other defendants. … Continue reading →

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safety claims aren’t vague in context of child car seats

Posted on July 16, 2026 by rtushnet

Ricardo Moncada v. Nuna Baby Essentials, Inc., — F.Supp.3d —-, 2026 WL 866852, No. 25-cv-2592 (PKC) (S.D.N.Y. Mar. 30, 2026) Nuna allegedly marketed its Rava-brand children’s car-seat product by emphasizing its safety features and a product-testing regimen that exceeded American … Continue reading →

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Under Armour defeats Lanham Act claim, must continue to fight tortious interference

Posted on July 16, 2026 by rtushnet

Multiple Energy Technol., LLC v. Under Armour, Inc., 2026 WL 2016679, 2:20-CV-664 (W.D. Pa. Jul. 13, 2026) Bioceramic powder is “a substance that is integrated into clothing, and, when worn, allegedly improves sleep and muscle recovery.” Plaintiff MET made a … Continue reading →

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DDC won’t protect World Professional Association for Transgender Health against FTC/WD Tex

Posted on July 13, 2026 by rtushnet

World Professional Association for Transgender Health v. Federal Trade Comm’n, No. 26-532 (JEB), 2026 WL 1999008 (D.D.C. Jul. 10, 2026) Some broader commentary on the regime’s mostly successful attempt to attack transgender care in Texas. A main promise of the … Continue reading →

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Canadian imported drugs whose origin was disclosed to end consumers couldn’t trigger infringement/false advertising liability

Posted on July 6, 2026 by rtushnet

AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2026 WL 1846752 (N.D. Ill. Jun. 26, 2026) Another round in AbbVie’s fight against Canadian imports. Payer Matrix contracts with employers or an employer’s pharmacy benefit manager (PBM) or third-party … Continue reading →

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advertising injury policy covers Lanham Act/intentional interference claims even though policy uses different words for the torts

Posted on July 3, 2026 by rtushnet

IntermediaryEd v. Cincinnati Ins. Co., 2026 WL 1847615, No. 3:25-cv-00038-SHL-HCA (S.D. Iowa, May 20, 2026) The court introduces the case: After filing a lawsuit against a competitor in Tennessee, Plaintiff IntermediaryEd (formerly known as “ACT”) sent letters to two of … Continue reading →

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“hypoallergenic” plausibly means “free of ingredients likely to sensitize the skin”

Posted on July 3, 2026 by rtushnet

Novick v. Unilever U.S., Inc., 2026 WL 1879145, No. 25cv4804 (EP) (JBC) (D.N.J. Jul. 30, 2026) The court mostly allows claims that the “hypoallergenic” and “sensitive skin” representations on Unilever’s Dove Sensitive Skin Body Wash are false and misleading because … Continue reading →

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