Monday, June 08, 2026

PediaSure "growth" claims might communicate height gain, but price premium theory fails

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Noriega v. Abbott Labs., 2026 WL 1601501, No. 23 Civ. 4014 (PAE) (S.D.N.Y. Jun. 4, 2026) Conventional wisdom is that certification is the ...

6th Circuit approves of using (at least) same similarity standard for dilution as for confusion

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Scotts Co. v. Procter & Gamble Co., 2026 WL 1601797, No. 25-3555 (6 th Cir. Jun. 4, 2026) Discussion of trade dress opinion here . Fa...
Friday, June 05, 2026

Promoting Progress part 2 at AU WCL

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Framing the Public Interest Agenda - Beyond the Narrative of “Content vs. Tech” Framing Digital Consumer Rights US experience is v diffe...

Promoting Progress: 50 Years of the Copyright Act from the Perspective of the Public Interest

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AU Washington College of Law, Program on Information Justice & Intellectual Property Chatham House rules. Opening discussion: The Ro...
Thursday, June 04, 2026

Second Annual Aspiring Free Speech Scholars Workshop

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jointly sponsored by the Sandra Day O’Connor College of Law (ASU) and the Hoover Institution (Stanford University) Because of a technical p...

court allows TM and false advertising claims against "toxic backlink" SEO disparagement campaign (SEM, for minimization?)

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Montway LLC v. Nexus AT LLC, 2026 WL 1552185, No. 25 C 13100, No. 26 C 1056 (N.D. Ill. Jun. 2, 2026) Although the UCL unfair competition c...

Instagram disparagement by alleged competitor isn't commercial speech

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Farina v. Omari, No. 24-11098 (SDW) (AME), 2026 WL 1552256 (D.N.J. Jun. 2, 2026) The court grants a motion to dismiss in this defamation/f...
Tuesday, June 02, 2026

Reading list: Deception wins at the Federal Circuit

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 "A doctrine that was meant to deter deception thus rewards its most sophisticated form: technically accurate fragments presented as un...