Rebecca Tushnet's 43(B)log

False advertising and more

Tuesday, March 10, 2020

"complete" vitamin is plausibly deceptive where essential nutrients are lacking

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Devane v. Church & Dwight Co., No. 3:19-cv-09899-BRM-LHG, 2020 WL 998946 (D.N.J. Feb. 28, 2020) Plaintiffs brought consumer protec...

discovery of trade secrets in a false advertising case

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Monster Energy Co. v. Vital Pharm., Inc., 2019 WL 8112506, No. 5:18-cv-01882-JGB (SHKx) (C.D. Cal. Oct. 16, 2019) I don’t cover many d...
Monday, March 09, 2020

FDA/FTC Workshop on a Competitive Marketplace for Biosimilars

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FDA Licensure Process and U.S. Biosimilar Markets   [I entered in media res] · Eva Temkin, Acting Director for Policy, Office of Ther...
Tuesday, March 03, 2020

"better lives for hens" was puffery, but hen living conditions claims weren't

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Lugones v. Pete & Gerry’s Organic, LLC, No. 19 Civ. 2097 (KPF), 2020 WL 871521   (S.D.N.Y. Feb. 21, 2020 Plaintiffs alleged that t...

Cal. court says "controversial" claim is therefore not factual

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Serova v. Sony Music Entertainment, 44 Cal.App.5th 103 (2020) Hard to believe the reasoning in this case could get worse, but they ma...
Monday, March 02, 2020

YouTube's terms of service/content policies aren't commercial advertising or promotion

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Prager Univ. v. Google LLC, No. 18-15712 (9th Cir. Feb. 26, 2020) YouTube isn’t a public forum and didn’t engage in false advertising ...

Trademark Scholars Roundtable, Stanford part 3

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Session 3: Remedies in Trademark and Unfair Competition Cases   Introduction: Mark Lemley, Leah Chan Grinvald Discussant: Laura Heyman...
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