Category Archives: Uncategorized

CFP: Ninth Junior Faculty Forum on Law and STEM

Posted on May 23, 2026 by rtushnet

Call for Papers Ninth Junior Faculty Forum on Law and STEM   Stanford Law School, November 6-7, 2026   The Northwestern, Penn, and Stanford law schools are pleased to announce a Call for Papers for the Ninth Junior Faculty Forum … Continue reading →

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Lanham Act requires less in the way of injury from competitors than California FAL/UCL

Posted on May 22, 2026 by rtushnet

Eight Sleep Inc. v. Orion Longevity Inc., 2026 WL 1243359, No. 2:26-cv-02460-SB-KS (C.D. Cal. May 4, 2026) Eight Sleep “developed and patented the Eight Sleep Pod, a ‘bio-tracking mattress cover’ that optimizes sleep by using biometric measurements to automatically adjust … Continue reading →

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high sugar content doesn’t make “Breakfast Essentials” name or health claims misleading

Posted on May 22, 2026 by rtushnet

Testori v. Nestlé Health Science US Holdings, Inc., — F.Supp.3d —-, 2026 WL 1282540, No. 1:25-cv-01318-JLT-CDB (E.D. Cal. May 11, 2026) The court dismissed California claims against Carnation Breakfast Essentials Nutritional Drink. The drink label highlighted its 10g of protein … Continue reading →

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plaintiff can use UCL against healer claiming advanced degrees and magical powers

Posted on May 22, 2026 by rtushnet

Dwarakanath v. Priyanka, — F.Supp.3d —-, 2026 WL 1215667, No. 5:25-cv-06465-PCP (N.D. Cal. May 4, 2026) Dwarakanath sued Vaidyaji Priyanka (VP), AUM Ayurveda (AUM), and some Does, alleging among other things false advertising. VP allegedly ran a cult and encouraged … Continue reading →

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unauthorized sales of books as “new” don’t violate the Lanham Act, even with default

Posted on May 22, 2026 by rtushnet

Global Brother SRI v. Altun, No. CV-25-00426-TUC-SHR, 2026 WL 1413605 (D. Ariz. May 20, 2026) I don’t blog many false advertising default judgment opinions; this one is different because it denies the motion. Global alleged that it publishes books, including … Continue reading →

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“toddler drink” plausibly misleads about suitability as next stage after infant formula

Posted on May 21, 2026 by rtushnet

Castro v. Abbott Laboratories, Inc., — F.Supp.3d —-, 2026 WL 184533, No. 25 CV 377 (N.D. Ill. Jan. 23, 2026) Abbott makes Similac, a milk-based formula powder drink for infants and toddlers. “Go & Grow Toddler Drink by Similac” and … Continue reading →

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“complete nutrition” claims for supplements are obviously untrue, but GLP-1 related claims could live again

Posted on May 21, 2026 by rtushnet

Cavallaro-Kearins v. Grüns Nutrition Inc., 2026 WL 1398422, No. 25-cv-4998 (LJL) (S.D.N.Y. May 19, 2026) The court dismissed this California & New York false advertising claim against Grüns based on its Superfood Greens Gummies for Adults and Grüns Cubs for … Continue reading →

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it doesn’t infringe to use a similar concept in ad photos

Posted on May 21, 2026 by rtushnet

Kitsch LLC v. Viori Beauty PBC, 2026 WL 1356424, No. 2:25-cv-10830-SPG-AGP (C.D. Cal. May 8, 2026) Kitsch is “a leading beauty product and accessories manufacturer and sells its products in major retail stores and online through its website and third-party … Continue reading →

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State barber board wins battle against “Barber Shop” bar

Posted on April 30, 2026 by rtushnet

Really wanted a Sweeney Todd reference here but couldn’t figure it out. Osteria Segreto, LLC v. Hilgers, No. 8:26-cv-00065-BCB-MDN (D. Neb. Apr. 20, 2026) Osteria Segreto, formerly “an Italian speakeasy” in a space that had once been a hair salon, restyled … Continue reading →

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compounding pharmacies lose a round with Lilly on personalized medicine and GLP-1 comparison claims

Posted on April 30, 2026 by rtushnet

Eli Lilly & Co. v. Mochi Health Corp., 2026 WL 1076831, No. 25-cv-03534-JSC (N.D. Cal. Apr. 20, 2026) Eli Lilly’s claims were previously dismissed, and Lilly tried again with claims under California’s UCL, Lanham Act false advertising, and civil conspiracy. … Continue reading →

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