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

49 - 72 of 1972

court dismisses popcorn calorie/slack fill claims for failure to account for popcorn's compressibility

https://tushnet.blogspot.com/feeds/2896330830665368929/comments/default

Rebecca Tushnet's 43(B)log 10/01/2025

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Audible's expiring credits covered by Washington's gift certificate law, court rules

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Rebecca Tushnet's 43(B)log 09/30/2025

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pharmacos face judicial resistance to claims against compounding pharmacies for weight loss drugs

https://tushnet.blogspot.com/feeds/3651195675431103439/comments/default

Rebecca Tushnet's 43(B)log 09/29/2025

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"tasting like a smooth whisky" is not a disclosure that there's no whisky in the bottle

https://tushnet.blogspot.com/feeds/6041083991343645779/comments/default

Rebecca Tushnet's 43(B)log 09/22/2025

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mislabeling nut ingredients doesn't justify class action because not everyone has nut allergies

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Rebecca Tushnet's 43(B)log 09/17/2025

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sending DMCA notices about uncopyrightable work might be willful blindness, or not

https://tushnet.blogspot.com/feeds/1525340151858639493/comments/default

Rebecca Tushnet's 43(B)log 09/17/2025

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2021 statements, even if false, not plausibly connected to 2024 sales loss

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Rebecca Tushnet's 43(B)log 09/17/2025

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TM question of the day: more than meets the eye?

https://tushnet.blogspot.com/feeds/8573209439079500571/comments/default

Rebecca Tushnet's 43(B)log 09/04/2025

trademark

general competitor has Lanham Act standing even if it doesn't compete in alleged false advertiser's subcategory

https://tushnet.blogspot.com/feeds/6727323717665204084/comments/default

Rebecca Tushnet's 43(B)log 09/04/2025

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3d Circuit affirmance shows that false advertising damages remain hard to prove

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Rebecca Tushnet's 43(B)log 09/02/2025

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keyword ad claim fails out of the gate, but bad (c) claim not yet challenged

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Rebecca Tushnet's 43(B)log 09/02/2025

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9th Circuit finds laches in false advertising case

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Rebecca Tushnet's 43(B)log 08/25/2025

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graphic designer's photos and hashtag using former client's name didn't infringe TM

https://tushnet.blogspot.com/feeds/8921322249807205423/comments/default

Rebecca Tushnet's 43(B)log 08/21/2025

literal falsity wasn't enough without evidence of lost sales or harm to goodwill

https://tushnet.blogspot.com/feeds/491643742379162408/comments/default

Rebecca Tushnet's 43(B)log 08/21/2025

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class certification partly granted in Tesla self-driving case

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Rebecca Tushnet's 43(B)log 08/21/2025

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court rejects Schedule A claims against sellers of compatible parts/accessories

https://tushnet.blogspot.com/feeds/3726276578173223046/comments/default

Rebecca Tushnet's 43(B)log 08/19/2025

trademark

drug company plausibly alleged confusion about partnership but not falsity of "same drug" claims about Canadian imports

https://tushnet.blogspot.com/feeds/675114257207009050/comments/default

Rebecca Tushnet's 43(B)log 08/18/2025

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court finds unique tracking of units of fluoride products immaterial even if vaguely safety-related

https://tushnet.blogspot.com/feeds/6561176672919753751/comments/default

Rebecca Tushnet's 43(B)log 08/12/2025

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7-11% oversupply of caffeine in energy drink wasn't plausibly material

https://tushnet.blogspot.com/feeds/7834865916411604383/comments/default

Rebecca Tushnet's 43(B)log 08/11/2025

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New article: History and Tradition in First Amendment Intellectual Property Cases: A Critique

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Rebecca Tushnet's 43(B)log 08/11/2025

amendment

Visual comparison in online contract formation

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Rebecca Tushnet's 43(B)log 08/11/2025

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49 - 72 of 1972

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

HomeVestors opinion shows that, post-JDI, Rogers v. Grimaldi can't give security to titles

We have (less of) the meats: court mostly denies Arby's motion to dismiss in misleading photos case

court dismisses popcorn calorie/slack fill claims for failure to account for popcorn's compressibility

Audible's expiring credits covered by Washington's gift certificate law, court rules

pharmacos face judicial resistance to claims against compounding pharmacies for weight loss drugs

"tasting like a smooth whisky" is not a disclosure that there's no whisky in the bottle

mislabeling nut ingredients doesn't justify class action because not everyone has nut allergies

sending DMCA notices about uncopyrightable work might be willful blindness, or not

2021 statements, even if false, not plausibly connected to 2024 sales loss

TM question of the day: more than meets the eye?

general competitor has Lanham Act standing even if it doesn't compete in alleged false advertiser's subcategory

3d Circuit affirmance shows that false advertising damages remain hard to prove

keyword ad claim fails out of the gate, but bad (c) claim not yet challenged

9th Circuit finds laches in false advertising case

graphic designer's photos and hashtag using former client's name didn't infringe TM

literal falsity wasn't enough without evidence of lost sales or harm to goodwill

class certification partly granted in Tesla self-driving case

Recommended reading: Jessica Litman, Authorship Nonsense

court rejects Schedule A claims against sellers of compatible parts/accessories

drug company plausibly alleged confusion about partnership but not falsity of "same drug" claims about Canadian imports

court finds unique tracking of units of fluoride products immaterial even if vaguely safety-related

7-11% oversupply of caffeine in energy drink wasn't plausibly material

New article: History and Tradition in First Amendment Intellectual Property Cases: A Critique

Visual comparison in online contract formation