This Ain't Goya spice blend.
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Rebecca Tushnet
False advertising and more
Rebecca Tushnet
Rebecca Tushnet
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"Bright young [wo]man"/"Yo, who the F is this?"
Blog Archive
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2021
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August
(69)
- Renting legitimate goods isn't actionable, at leas...
- innovative/"new technology" claims foiled by Dastar
- Robinhood's newsletter isn't commercial advertising
- "Oregon" wine bottled in California might be confu...
- Rejected compliance offer to AG leads to fee shift...
- Pom Wonderful applies to pharmaceuticals, but "imp...
- FTC fails to show lack of substantiation because c...
- Duelling results in Mexican origin cases
- Lexmark allows direct and contributory false adver...
- class action certified with adequate price premium...
- Diamond hands: timeshare entity's alleged miscondu...
- false association wasn't plausible given clear com...
- statements about legality of service were factual/...
- affiliation claim true when sent out to consumers ...
- Cal. statutory false advertising isn't fraud and i...
- false designation claim doesn't require distinctiv...
- pharma database isn't commercial speech about list...
- "implied gov't approval" claims don't work
- "non-toxic" plausibly means "not harmful to people...
- slack fill can be misleading despite numbers on box
- TM choice of law: P's primary place of business de...
- "Natural" trade name can mislead consumers, court ...
- selling infant & child pain reliever in different ...
- DMCA gives Walmart only a gleam of light in sculpt...
- ThermoLife wins appeal of Lexmark-based dismissal ...
- "tested and certified" can be false if in fact pro...
- Vanilla claim comes closer than most b/c of label ...
- "free-run" chicken was plausibly misleading, but "...
- pharmaceutical equivalence isn't therapeutic equiv...
- Advocacy organization lacked standing to litigate ...
- Be kind, certify a class
- patent misrepresentations to prospective dealer co...
- Even a default can't make false claims made to Ama...
- claims that "infant" formula misleadingly implies ...
- 43(a)(1)(A) claims are hard to win against a TM re...
- D's own ads prove materiality of difference betwee...
- TM question of the day: This Ain't Goya spice blend
- Overreaching and delay lead to defeat of TM owner'...
- industry group's safety/risk/legality claims were ...
- Vegan butter wins again
- malt "cocktails" with no wine or spirits were plau...
- Bank had no duty to disclose limits to PPP loan ap...
- Models' false endorsement claims fail for want of ...
- data breaches can lead to a potpourri of claims
- Non-alphanumeric logo isn't CMI
- reasonable consumers of manuka honey know its pric...
- Claims that timeshare exit services are legal and ...
- Alleging sponsorship/endorsement confusion can't d...
- Illinois unfairness claims against opioid marketer...
- reasonable consumer isn't required to interpret in...
- IPSC: Remedies and Creativity
- Lexmark applies to false endorsement, defeats nonc...
- Cracks in the foundation: Laches and proximate cau...
- IPSC Panel 20 – Copyright Theory
- IPSC: Copyright and Trademark
- IPSC Panel 14 – Copyright Authorship & Ownership
- no preemption of state claims where FDA didn't reg...
- false advertising as a workaround when municipal c...
- CA's Prop 65 warning unconstitutional for acrylami...
- trolling over gnomes--no, really--on Amazon
- NYIPLA student writing competition
- false advertising & bankruptcy law: $18 million fo...
- 3 things that all mean the same thing: a slogan is...
- aiding and abetting liability in false advertising...
- prescription and OTC products can directly compete...
- IPSC Panel 12 – Identity, Data, and Privacy
- IPSC Panel 9 – Crosscutting IP
- IPSC Panel 5 – Copyright, Distribution, and Access
- IPSC: Copyright & Trademark
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August
(69)
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Text on this blog is licensed under a Creative Commons Attribution 2.5 License. Pictures and works quoted may be subject to other parties' copyrights.
I speak for myself. On this blog, I do not and cannot speak for Harvard Law School, the Organization for Transformative Works and/or AO3.
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