Thursday, September 17, 2026

Amicus in section 230 false light case

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 The EFF, Eric Goldman, Jess Miers, Mark Lemley, and I filed a brief in Does 1-10 v. Freesites in the Fourth Circuit, arguing that context-...
Wednesday, September 16, 2026

Amicus in Rise & Shine

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 I've submitted a brief on behalf of trademark scholars in support of neither party. Summary of argument: The issue before the Court is ...
Friday, September 04, 2026

it's hard to get rid of a foreign TM owner's complaint at the motion to dismiss stage despite territoriality

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Honest Greens Barcelona, S.A.U. v. Poky’s LLC, 2026 WL 2593358, No. 4:24-cv-07023-JD (D.S.C. Sept. 2, 2026) Honest Greens operates restaur...
Wednesday, September 02, 2026

dct strikes down California's new recyclability law on vagueness/1A grounds

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California League of Food Producers v. Bonta, 2026 WL 2055589, No. 3:26-cv-01675-WQH-BLM (S.D. Cal. Jul. 14, 2026) Trade associations chal...
Monday, August 31, 2026

look, there's a lawsuit: bad claim against comedian leads to anti-SLAPP award

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Morake v. Mwanyenyeka, No. 2:26-cv-02795-JLS-AS, 2026 WL 2548629 (C.D. Cal. Aug. 28, 2026) Noted because, well, it’s an unusually bad clai...
Friday, August 28, 2026

5th Circuit puts its own spin on the server test

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Emmerich Newspapers, Inc. v. Particle Media, Inc., No. 25-60550 (5th Cir. Aug. 27, 2026) This is being reported as creating a split with ...
2 comments:
Thursday, August 27, 2026

weak infringement case + bad litigation conduct = fee shift for anticompetitive suit over descriptive term

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BBK Tobacco & Foods LLP v. Central Coast Agriculture Inc., No. CV-19-05216-PHX-MTL, 2026 WL 2445019 (D. Ariz. Aug. 20, 2026) Previousl...

use of (R) on goods for which mark is not registered might be literally false

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Southern Marsh Collection, LLC v. Dixie Decoys, LLC, 2026 WL 2431220, No. 24-00905-BAJ-EWD (M.D. La. Aug. 19, 2026) This opinion deals onl...

Midjourney can't force Disney to disclose the prompts it used that didn't generate material in complaint

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Disney Enterprises, Inc. v. Midjourney, Inc., No. 2:25-cv-05275-JAK-AJR, 2026 WL 2055488 (C.D. Cal. Jun. 15, 2026) This is what seems like...

Private label brands show lack of exclusive use for Pedialyte's trade dress claim, but bad social media use saves TM claim

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Abbott Laboratories v. Revitalyte LLC, 2026 WL 2374024, No. 23-1449 (DWF/DTS) (D. Minn. Apr. 30, 2026) The court here allows part of Abbot...
Tuesday, August 25, 2026

9th Circuit orders class decertified: common issues on materiality/damages insufficient without deception

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Rusoff v. Happy Group, Inc., --- F.4th ----, 2026 WL 2387098, No. 24-7706 (9th Cir. Aug. 17, 2026) Court’s summary: This is a deceptive ...

court finds ROP claim preempted where model initially consented to being in ad

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Delacruz v. Roc Nation LLC, No. 2:25-cv-11864-AH-(SSCx), 2026 WL 2455107 (C.D. Cal. Jul. 28, 2026) Should copyright preemption apply to a ...
Monday, August 17, 2026

compounding pharmacy must face drugmaker's Lanham Act claims based on false 503B compliance statements

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Pacira BioSciences, Inc. v. Nephron Sterile Compounding Center, LLC, No. 3:23-cv-05552-CMC, 2026 WL 2267750 (D.S.C. Aug. 6, 2026) Pacira s...