Monday, August 25, 2025

9th Circuit finds laches in false advertising case

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World Nutrition Inc. v. Advanced Supplementary Tech. Corp., 2025 WL 2427613, No. 24-4976 (9 th Cir. Aug. 22, 2025) Over a partial dissent...
Thursday, August 21, 2025

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

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Hilber v. Malley’s Candies, Inc., 2025 WL 2402329, No. 1:22-CV-02305 (N.D. Ohio Aug. 19, 2025) Advertising is often created by independent...

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

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G. W. Aru, LLC v. W. R. Grace & Co.-Conn., No. JKB-22-2636, 2025 WL 2402194 (D. Md. Aug. 19, 2025) Previous decision resolving some pr...

class certification partly granted in Tesla self-driving case

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In Re Tesla Advanced Driver Assistance Systems Litig., No. 22-cv-05240-RFL, 2025 WL 2391446 (N.D. Cal. Aug. 18, 2025) While not adopting a...

Recommended reading: Jessica Litman, Authorship Nonsense

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 Read it here. Abstract: Copyright law's primary device for promoting progress is to bestow rights on the authors of works. Rights vest...
Tuesday, August 19, 2025

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

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Bestway Inflatables & Material Corp. v. Individuals, Corporations, Limited Liability Companies, Partnerships, & Unincorporated Assoc...
Monday, August 18, 2025

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

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AbbVie Inc. v. Payer Matrix, LLC, No. 23 CV 2836, 2025 WL 2374490 (N.D. Ill. Aug. 15, 2025) AbbVie sells the specialty drugs Humira, Sky...
Tuesday, August 12, 2025

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

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Method Pharmaceuticals, LLC v. H2-Pharma, LLC, 2025 WL 2298395, No. 2:20-cv-753-ECM (M.D. Ala. Aug. 8, 2025) Method asked the court to rec...
Monday, August 11, 2025

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

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In Re: Prime Energy Consumer Litigation, No. 24 Civ. 2657 (KPF) (S.D.N.Y. Jul. 31, 2025) You can tell how this will go from the first sent...

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

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 Preprint available here. Abstract There are indications that the "history and tradition" approach the Supreme Court applied to g...

Visual comparison in online contract formation

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Cody v. Jill Acquisition LLC, --- F.Supp.3d ----, 2025 WL 1822907, No. 25-CV-937 TWR (KSC) (S.D. Cal. Jun. 30, 2025) I wouldn’t usually bl...
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