Tag Archives: trademark

Amicus in support of cert in Lanham Act intent/damages case

Posted on February 24, 2026 by rtushnet

 Truth in Advertising, Barton Beebe, Mark Lemley, Alexandra Roberts and I just filed a brief arguing that the Supreme Court should clarify the role of intent in Lanham Act cases. from Blogger http://tushnet.blogspot.com/2026/02/amicus-in-support-of-cert-in-lanham-act.html

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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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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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Santa Clara IP Conference: Where Do We Go From Here?

Posted on January 31, 2026 by rtushnet

Moderator: Edward Lee, Santa Clara Law BJ Ard (copyright), University of Wisconsin Law School © is often displaced by contract and other regimes in sectors—scaling it up or down would produce minimal impact. Consumer copying for example is often solved … Continue reading →

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Santa Clara IP conference: How It’s Going: What Went Wrong?

Posted on January 30, 2026 by rtushnet

Moderator: Zahr Said, Santa Clara Law Mark Lemley (patent), Stanford Law School After 40 years of radical change, things settled down for normalcy in the last 10 years until Trump. 1980-2017: we grant 350,000 a year up from 50,000; now … Continue reading →

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Santa Clara School of Law: Intellectual Property Conference: How It Started, How It’s Going: What Went Right?

Posted on January 30, 2026 by rtushnet

Moderator: Brian Love, Santa Clara Law Jeanne Fromer (trademark), New York University Law School Search and examination on relative grounds (Europe doesn’t do that)—has critiques but generally doing a decent job. Ironic b/c we think of US as “free market” … 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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CFP: Yale/Harvard/Stanford Junior Faculty Forum, May 21-22

Posted on January 16, 2026 by rtushnet

 Please share widely!  Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum May 21-22, Yale Law School  Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2026 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Yale Law School on May … Continue reading →

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