Category Archives: Uncategorized

Transformative work of the day, SVB edition

Posted on March 15, 2023 by rtushnet

from Blogger http://tushnet.blogspot.com/2023/03/transformative-work-of-day-svb-edition.html

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HLS teaching series: Developing Professionalism in Students, March 21, at 12 noon EST

Posted on March 15, 2023 by rtushnet

Developing Professionalism in Students Register here: https://harvard.zoom.us/webinar/register/WN_W60Re3yDQRSfSPWgw0EP8Q Noon EST, March 21 What is professionalism for a lawyer? How can we as teachers help students develop professional identities in ways that honor their diversity and commitments? Norms of professionalism can be exclusionary, … Continue reading →

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New paper: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny

Posted on March 15, 2023 by rtushnet

On SSRN, in advance of the JDI v. VIP case: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny Abstract: Does trademark law cover noncommercial speech, defined as it is in First Amendment doctrine as speech … Continue reading →

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detailed examination of harm story dooms FedEx’s false advertising claim

Posted on March 14, 2023 by rtushnet

Ah, how I wish courts would apply the same scrutiny to trademark harm stories. FedEx Ground Package System, Inc. v. Route Consultant, Inc., 2023 WL 2466624, No. 3:22-cv-00656 (M.D. Tenn. Mar. 10, 2023) FedEx uses around 4500 independent contractors (ISPs) … Continue reading →

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Jack Daniels reply brief: the horror!

Posted on March 14, 2023 by rtushnet

Is in. Obviously there are many things to say about it, but I suppose the easiest is that the parade of horribles sounds kind of just like a parade (albeit perhaps a Halloween one): VIP’s logic would extend to vases … Continue reading →

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“fit” on snack bars isn’t implied nutrient or “healthy” claim

Posted on March 13, 2023 by rtushnet

Seljak v. Pervine Foods, LLC, 2023 WL 2354976, No. 21 Civ. 9561 (NRB) (S.D.N.Y. Mar. 3, 2023) Plaintiffs sought to represent a class of purchasers of FITCRUNCH Whey Protein Baked Bar products or FITBAR energy bar products. They contain high … Continue reading →

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Failure to include adjusted protein percentage on protein-touting products can be misleading

Posted on March 13, 2023 by rtushnet

Rausch v. Flatout, Inc., — F.Supp.3d —-, 2023 WL 2401452, No. 22-cv-04157-VC (N.D. Cal. Mar. 8, 2023) I love a good summary: When a manufacturer advertises the amount of protein in a product on its package, the Food and Drug … Continue reading →

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Vanilla class action certified based on sufficient survey evidence

Posted on March 13, 2023 by rtushnet

Vizcarra v. Unilever U.S., Inc., 2023 WL 2364736, No. 4:20-cv-02777 YGR (N.D. Cal. Feb. 24, 2023) Hey, it’s a certified class in a vanilla case: Vizcarra alleged that Breyers Natural Vanilla Ice Cream misleadingly communicated that it contained vanilla flavor … Continue reading →

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FTC wins summary judgment for violations of shipping Rule and Covid Consumer Protection Act

Posted on March 13, 2023 by rtushnet

F.T.C. v. Romero, 2023 WL 2445339, No. 5:21-cv-343-BJD-PRL (M.D. Fla. Feb. 27, 2023) The FTC still has some tools in its arsenal. Here, violations of the Trade Regulation Rule Concerning the Sale of Mail, Internet, or Telephone Order Merchandise (MITOR) … Continue reading →

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“TM-compliant” ads not shown to be nominative fair use

Posted on March 10, 2023 by rtushnet

World Axe Throwing League, Inc. v. Cold Steel Inc., 2023 WL 2372059, No. 2:20−cv−11407 JAK (Ex) (C.D. Cal. Feb. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing … Continue reading →

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