Tag Archives: trademark

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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Dueling geneologists: photo (c) claims allowed, but not Lanham Act or factual compilation claims

Posted on January 8, 2026 by rtushnet

Hein v. Mai, 2026 WL 44798, No. 24-01126-JWB (D. Kan. Jan. 7, 2026) Some interesting stuff going on in the genealogy world! The Volga German people are individuals of German origin who moved to the Volga region of Russia in … Continue reading →

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court rejects politician’s slogan claim

Posted on December 29, 2025 by rtushnet

Cloobeck v. Villaraigosa, No. 2:25–cv–03790–AB (SK) (C.D. Cal. Dec. 8, 2025) Cloobeck, a 2026 California gubernatorial election candidate, alleged infringement of the phrase “PROVEN PROBLEM SOLVER” by competing candidate Villaraigosa. Cloobeck used “I AM A PROVEN PROBLEM SOLVER” in connection … Continue reading →

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trademark law firm loses trademark lawsuit

Posted on December 19, 2025 by rtushnet

LegalForce RAPC Worldwide P.C. v. MH Sub I, LLC, No. C 24-00669 WHA, 2025 WL 3675365 (N.D. Cal. Dec. 18, 2025) LegalForce, a law firm “specializing in trademark law,” sued online referrer to law firms MH for infringing two service … Continue reading →

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license agreement termination might be invalid transfer in gross without a new partner for licensor

Posted on December 17, 2025 by rtushnet

Form Portfolios LLC v. Food52, Inc., 2025 WL 3638165, No. 24-cv-07690 (NCM) (CLP) (E.D.N.Y. Dec. 16, 2025) Form designs consumer products, partnering with other companies that license those designs. Food52 sells cookware and other homegoods under the brand Dansk. This … Continue reading →

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Reading list and comments: Doctrine, Data, and the Death of DuPont

Posted on December 15, 2025 by rtushnet

Thomas Reichert, Doctrine, Data, and the Death of DuPont   Abstract: For fifty years, courts have claimed to apply a comprehensive thirteen-factor test for trademark confusion. They are lying, or at least deeply mistaken. Using AI-powered analysis of 4,000 decisions, this … Continue reading →

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Lack of evidence on lost goodwill leads to remittitur (but also proposed doubling of lost profits)

Posted on December 5, 2025 by rtushnet

Sterilite Corp. v. Olivet International, Inc., No. 1:22-cv-10327-JEK, 2025 WL 3460553 (D. Mass. Dec. 2, 2025) A jury awarded Sterilite $11 million in damages for Olivet’s willful infringement of the trade dress in Sterilite’s storage cabinets and drawers: $2,656,711 in … Continue reading →

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New Jersey would not recognize a common law tort of false advertising, says fed ct

Posted on October 17, 2025 by rtushnet

Pim Brands, Inc. v. New Cibo Vita LLC, No. 25-cv-01418(MEF)(AME), 2025 WL 2938602 (D.N.J. Oct. 16, 2025) The parties compete in the market for yogurt-covered fruit snacks, and the plaintiff alleged false advertising, including unfair competition claim under New Jersey … Continue reading →

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Conspicuous Consumers, NYU Engelberg Center

Posted on October 17, 2025 by rtushnet

Welcome and Keynote: Nancy Mahon, SVP, Global Corporate Citizenship & Sustainability, The Estée Lauder Companies Interesting talk; I learned that UK consumers respond well to claims that a product decreases the company’s carbon footprint, but US consumers aren’t interested in … Continue reading →

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court rejects affiliation confusion theory for lack of harm, declines to order tarps over P’s goods

Posted on October 6, 2025 by rtushnet

Survitec Survival Prods., Inc. v. Fire Protection Service, Inc., 2025 WL 2782332, No. H-21-312 (S.D. Tex. Sept. 30, 2025) This case demonstrates exactly why harm to the plaintiff should be explicitly a part of a trademark case that relies on … Continue reading →

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