Tag Archives: commercial speech

5th Circuit allows image-based tobacco warnings in barest nod to consistency on compelled commercial speech

Posted on March 25, 2024 by rtushnet

R J Reynolds Tobacco Co. v. Food & Drug Admin., 2024 WL 1208111, — F.4th —-, No. 23-40076 (5th Cir. Mar. 21, 2024) The sudden shift in the political valence of the commercial speech doctrine strikes again! The Fifth Circuit … 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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Earnings calls, recall notices not “commercial advertising or promotion,” but could be “of and concerning” largest market player

Posted on November 27, 2023 by rtushnet

In re SoClean, Inc., Marketing, Sales Practices & Products Liab. Litig., 2023 WL 8006602, MDL No. 3021, No. 22-542 (W.D. Pa. Nov. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. SoClean is … Continue reading →

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Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

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Covid-19 Act gives government more options in proceeding against supplement seller

Posted on July 20, 2023 by rtushnet

U.S. v. Nepute, 2023 WL 4623089, No. 4:21-CV-437 RLW (E.D. Mo. Jul. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a company of which he is a member/co-manager). for deceptive advertising of dietary supplements in violation of the … Continue reading →

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ESG statements are commercial speech excluded from California’s anti-SLAPP law

Posted on June 21, 2023 by rtushnet

Hicks v. Grimmway Enters., Inc., 2023 WL 3829689, No. 22-CV-2038 JLS (DDL) (S.D. Cal. Jun. 5, 2023) Hicks alleged that defendant, a California agricultural corporation, misrepresented the environmental impact of its farming practices through its advertising and “Inaugural Report on … Continue reading →

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fake meat law reinstated on appeal: intentionally misleading commercial speech gets no protection

Posted on April 25, 2023 by rtushnet

Turtle Island Foods, S.P.C. v. Strain, No. 22-30236 (5th Cir. Apr. 12, 2023) Reversing the district court, the court of appeals found that Tofurkey’s facial challenge to a Louisiana anti-fake meat law failed because the law plausibly could be read … Continue reading →

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Press release touting preliminary injunction can found false advertising counterclaims

Posted on April 18, 2023 by rtushnet

Zest Anchors, LLC v. Geryon Ventures, LLC, 2023 WL 2903668, No. 22-CV-230 TWR (NLS) (S.D. Cal. Apr. 10, 2023) Zest sued defendants for trademark/trade dress infringement, alleging that defendants’ DESSLoc suite of denture attachment products infringed the trademarks and trade … Continue reading →

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video on company’s YouTube channel was informational, not commercial speech

Posted on March 20, 2023 by rtushnet

WatsonSeal Marketing LLC v. Crawlspace Ninja IP LLC, 2023 WL 2533061, No. 5:22-cv-649-LCB (N.D. Ala. Mar. 15, 2023) When is informational material related to a for-profit company’s business commercial speech? Here, the court finds a YouTube video noncommercial despite some … Continue reading →

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COVID-related communications are ads where they tout D’s services

Posted on February 28, 2023 by rtushnet

Steven A. Conner DPM, P.C. v. Fox Rehabilitation Servs., P.C., 2023 WL 2226781, No. 2:21-cv-1580-MMB (E.D. Pa. Feb. 24, 2023) Conner is a podiatrist who uses a fax machine at his practice for treating patients, primarily as a communication destination … Continue reading →

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