Tag Archives: false advertising

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

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 →

Posted in Uncategorized | Tagged , , , | Leave a comment

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 →

Posted in Uncategorized | Tagged , | Leave a comment

laches, once established, bars Lanham Act claims even during more recent periods

Posted on January 7, 2026 by rtushnet

Design Gaps, Inc. v. Distinctive Design & Construction LLC, — F.4th —-, 2025 WL 3492373, No. 24-1860 (Dec. 5, 2025) Super complicated facts; I’ll try to focus on the Lanham Act laches part because of that. “[A]fter a squabble developed … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

what particularity is required when an ad campaign has zillions of possibly algorithmic variants?

Posted on January 7, 2026 by rtushnet

Ledesma v. Hismile, Inc., — F.Supp.3d —-, 2025 WL 3785960, No. 24-cv-03626-KAW (N.D. Cal. Sept. 23, 2025) Blogging because it’s one of the first cases I’ve seen that has to address questions raised by algorithmically modified ads that are different … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

literal falsity can exist without bald-faced lies, 9th Circuit confirms

Posted on December 30, 2025 by rtushnet

InSinkErator, LLC v. Joneca Co., No. 25-286 (9th Cir. Dec. 29, 2025) The court of appeals affirms the grant of a preliminary injunction, previously discussed, against Joneca’s advertising of its garbage disposals. InSinkErator argued that Joneca’s horsepower designations were literally … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

no abuse of discretion in PI requiring advertiser to terminate liens that it told homeowners weren’t liens

Posted on December 24, 2025 by rtushnet

People v. MV Realty PBC, LLC, 2025 WL 3719896, B341121 (Cal. Ct. App. Dec. 23, 2025) Blogging more in my property law prof hat, but with false advertising. MV Realty recorded liens on its customers’ properties, but assured homeowners that … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment