Input feed: Rebecca Tushnet's 43(B)log

1 - 24 of 1693

Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

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Rebecca Tushnet's 43(B)log 04/29/2024

1201

Use of competitor's photo in comparative ads caused no (c) damage, appeals court holds

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Rebecca Tushnet's 43(B)log 04/15/2024

advertising

Hospital's use of Meta's Pixel, despite promise to keep data private, plausibly deceptive

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Rebecca Tushnet's 43(B)log 04/15/2024

advertising

Good Meat is descriptive for sustainable meat-related services, plausibly deceptive for lab-grown meat

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Rebecca Tushnet's 43(B)log 04/15/2024

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Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

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Rebecca Tushnet's 43(B)log 04/12/2024

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RAW power: over dissent, 9th Circuit orders trial on infringement, cancellation of TM applications

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Rebecca Tushnet's 43(B)log 04/05/2024

trademark

Dueling surveys don't defeat class certification in supplement suit

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Rebecca Tushnet's 43(B)log 04/05/2024

actions

My latest acquisition

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Rebecca Tushnet's 43(B)log 04/04/2024

trademark

failure to properly allege falsity dooms FedEx at 6th Circuit

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Rebecca Tushnet's 43(B)log 04/03/2024

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The People's Joker

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Rebecca Tushnet's 43(B)log 04/01/2024

Podcast on Bass Notes and Base Rates

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Rebecca Tushnet's 43(B)log 04/01/2024

Gerber's Good Start troubles continue

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Rebecca Tushnet's 43(B)log 03/29/2024

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conjoint analysis has to isolate challenged representations

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Rebecca Tushnet's 43(B)log 03/29/2024

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disclaimers that require consumers to understand tech, history and law don't avoid lawsuit over "flushable"

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Rebecca Tushnet's 43(B)log 03/29/2024

advertising

adult venue's insurer did not successfully exclude ads from ad injury coverage

https://tushnet.blogspot.com/feeds/7936675586822015161/comments/default

Rebecca Tushnet's 43(B)log 03/28/2024

endorsement

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

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Rebecca Tushnet's 43(B)log 03/25/2024

amendment

Nominative fair use requires D to prevail on all 3 factors in 9th Circuit, district court concludes

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Rebecca Tushnet's 43(B)log 03/21/2024

amendment

D's consumer survey defeats class action about relevance of geographic origin of water for brewing beer

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Rebecca Tushnet's 43(B)log 03/21/2024

advertising

Another "buy" button lawsuit over digital licenses continues

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Rebecca Tushnet's 43(B)log 03/21/2024

advertising

CFP: Trademark and Unfair Competition Scholarship Roundtable 2024

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Rebecca Tushnet's 43(B)log 03/21/2024

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1 - 24 of 1693

Input feed: Rebecca Tushnet's 43(B)log

reasonable consumers of ovulation test kits understand details of hormone signalling

online ingredients list can't avoid deception claim, at least where survey suggests deception

Tiktok's other, smaller legal problem

Hetronic remand: the continued rise of "use"

Measuring device (c)able under Star Athletica; ignoring Dastar, court also allows false advertising claim

Use of competitor's photo in comparative ads caused no (c) damage, appeals court holds

Hospital's use of Meta's Pixel, despite promise to keep data private, plausibly deceptive

Good Meat is descriptive for sustainable meat-related services, plausibly deceptive for lab-grown meat

Cal. appeals court affirms use of statistical sampling to calculate # of FAL/UCL violations in AG action

RAW power: over dissent, 9th Circuit orders trial on infringement, cancellation of TM applications

Dueling surveys don't defeat class certification in supplement suit

My latest acquisition

failure to properly allege falsity dooms FedEx at 6th Circuit

The People's Joker

Podcast on Bass Notes and Base Rates

Gerber's Good Start troubles continue

conjoint analysis has to isolate challenged representations

disclaimers that require consumers to understand tech, history and law don't avoid lawsuit over "flushable"

adult venue's insurer did not successfully exclude ads from ad injury coverage

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

Nominative fair use requires D to prevail on all 3 factors in 9th Circuit, district court concludes

D's consumer survey defeats class action about relevance of geographic origin of water for brewing beer

Another "buy" button lawsuit over digital licenses continues

CFP: Trademark and Unfair Competition Scholarship Roundtable 2024