Tag Archives: false advertising

Fairlife brand name plausibly misleading where cows allegedly lived abuse-filled lives of suffering

Posted on February 18, 2026 by rtushnet

Bhotiwihok v. Fairlife, LLC, № 2:25-cv-01650-ODW (AGRx), 2026 WL 413749 (C.D. Cal. Feb. 13, 2026) “In 2014, Select Milk, a dairy cooperative, partnered with Coca-Cola to launch Fairlife, a company with an eponymous line of premium milk and milk products…. … Continue reading →

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disgorgement can’t be a lottery windfall–even when D was engaged in illegal gambling

Posted on February 16, 2026 by rtushnet

TNT Amusements, Inc. v. Torch Electronics, LLC, 2026 WL 411747, No. 4:23-CV-330-JAR (E.D. Mo. Feb. 13, 2025) Previously. TNT leases traditional arcade games in retail locations throughout Missouri. Torch Electronics leases “no-chance” gaming devices in the same market. A jury … Continue reading →

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“ambiguity” is taking hold in consumer protection class actions, but it’s not the Lanham Act concept

Posted on February 6, 2026 by rtushnet

Ramirez v. S. Martinelli & Co., 2026 WL 272621, No. 25-cv-07569-NC (N.D. Cal. Feb. 2, 2026) Martinelli’s apple juice products’ front labels state either “Premium 100% Juice Not From Concentrate” or “100% Juice From U.S. Grown Fresh Apples.” The products … Continue reading →

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conducting dueling internet searches converts attys into fact witnesses in TM case

Posted on February 6, 2026 by rtushnet

Vicious Brands, Inc. v. Face Co., No. 24-cv-04996-LJC, 2026 WL 276178 (N.D. Cal. Feb. 3, 2026) (magistrate) Plaintiff, aka Saints & Sinners, sued Face, aka Skin Saint, alleging trademark infringement and false advertising. The court granted the motion to dismiss … Continue reading →

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False endorsement claim can proceed against gov’t issued license plates and gov’t facility named for Roberto Clemente

Posted on January 28, 2026 by rtushnet

Clemente Properties, Inc. v. Pierluisi-Urrutia, — F.4th —-, 2026 WL 125574, No. 23-1922 (1st Cir. Jan. 16, 2026) The representatives of the family of a famous deceased Puerto Rico baseball player, Roberto Clemente, sued the Commonwealth of Puerto Rico and … Continue reading →

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Non-TM owner can use 43(a) to challenge confusing use

Posted on January 23, 2026 by rtushnet

Postar v. Hyland, 2026 WL 145934, No. 5:24-CV-019-H (N.D. Tex. Jan. 20, 2026) This case allows a non-TM owner to bring a false advertising/unfair competition claim over allegedly confusing use of a trademark, and I think it’s right to do … Continue reading →

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11th Circuit affirms defense TM verdict; evidence of confusion is not evidence of harm for disgorgement

Posted on January 19, 2026 by rtushnet

Florida Virtual School v. K12, Inc., 2026 WL 127063, No. 24-10449 (11th Cir. Jan. 15, 2026) A pretty good example of why granting registrations to highly descriptive (at best) terms is a bad idea! Also a good example of why … Continue reading →

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court rejects TM owner’s attempt to require full chain of custody for first sale defense, but where is the burden of proof?

Posted on January 9, 2026 by rtushnet

ZAGG Inc. v. Ichilevici, 2026 WL 63142, No. 23-cv-20304-ALTMAN/Reid (S.D. Fla. Jan. 8, 2026) ZAGG sells a variety of screen protectors, power management solutions, mobile keyboards, cases, and personal audio products, including my beloved Mophie. Defendant DVG resells products, including … Continue reading →

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Temu’s “cheaper and way better quality than Shein” claims were potentially falsifiable, not puffery

Posted on January 8, 2026 by rtushnet

Roadget Business PTE. Ltd. v. PDD Holdings Inc., 2026 WL 44864, No. 24-2402 (TJK) (D.D.C. Jan. 7, 2026) Plaintiff, aka Shein, sells low-priced fashion and lifestyle products through a website and mobile application. Defendant runs a competing, discount-driven online platform—Temu. … Continue reading →

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false advertising’s injury requirement causes reverse passing off claim to fail

Posted on January 7, 2026 by rtushnet

Kesters Merchandising Display International, Inc. v. SurfaceQuest, Inc., — F.4th —-, 2026 WL 35198, No. 24-3112 (10th Cir. Jan. 6, 2026) SurfaceQuest allegedly marketed its products with photographs of its competitor Kesters’ competing product. Kesters sells “a lightweight, seamless material … Continue reading →

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