Monday, October 06, 2025

Second Circuit reverses literal falsity finding based on dispute over meaning of "brand"

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Zesty Paws LLC v. Nutramax Laboratories, Inc., --- F.4th ----, No. 24-1810, 2025 WL 2810078 (2d Cir. Oct. 3, 2025) The court of appeals re...
Friday, October 03, 2025

A couple of Third Circuit amicus briefs (AI training and false advertising harm)

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Thomson Reuters v. Ross, arguing that training is fair use.  With Edward Lee of Santa Clara Law, Matthew Sag of Emory University, Pamela Sam...
Wednesday, October 01, 2025

HomeVestors opinion shows that, post-JDI, Rogers v. Grimaldi can't give security to titles

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HomeVestors of America, Inc. v. Warner Bros. Discovery, Inc., 2025 WL 2301911, No. 22-1583-RGA (D. Del. Aug. 8, 2025) Rogers v. Grimaldi ...

We have (less of) the meats: court mostly denies Arby's motion to dismiss in misleading photos case

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Alongis v. Arby’s Restaurant Group, Inc., 2025 WL 2772810, 2:23-cv-6593 (NJC) (LGD) (N.D.N.Y. Sept. 29, 2025) The court declines to dismis...

court dismisses popcorn calorie/slack fill claims for failure to account for popcorn's compressibility

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Borgen v. Hershey Salty Snack Sales Co., 2025 WL 2753734, No. 24-cv-1635-BJC-JLB (S.D. Cal. Sept. 2, 2025) I just like the facts here: Pla...
Tuesday, September 30, 2025

Audible's expiring credits covered by Washington's gift certificate law, court rules

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Hollis v. Audible, Inc., 2025 WL 2689123, No. 2:24-cv-01999-TL (W.D. Wash. Sept. 19, 2025) State consumer protection laws sometimes addres...
Monday, September 29, 2025

pharmacos face judicial resistance to claims against compounding pharmacies for weight loss drugs

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Three cases showing aspects of the challenges, only one of which even partially survives: Novo Nordisk, Inc. v. Brooksville Pharm. Inc., 785...
Monday, September 22, 2025

"tasting like a smooth whisky" is not a disclosure that there's no whisky in the bottle

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Pizzaro v. Sazerac Co., 2025 WL 2682673, No. 23-CV-2751 (KMK), No. 23-CV-4323 (KMK) (S.D.N.Y. Sept. 18, 2025) The court certifies a class ...
2 comments:
Wednesday, September 17, 2025

mislabeling nut ingredients doesn't justify class action because not everyone has nut allergies

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Fukaya v. Daiso California LLC, No. 23-cv-00099-RFL, 2025 WL 2644747 (N.D. Cal. Sept. 15, 2025) Fukaya, who is allergic to tree nuts, alle...

sending DMCA notices about uncopyrightable work might be willful blindness, or not

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Leszczynski v. Kitchen Cube LLC, 2025 WL 2551098, No. 8:23-cv-01698-MEMF-ADS (C.D. Cal. Apr. 4, 2025) Previous discussion. I find this ca...

2021 statements, even if false, not plausibly connected to 2024 sales loss

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Trilogy Federal, LLC v. CivitasDX LLC, No. 24-2713, No. 25-792, 2025 WL 2651240 (D.D.C. Sept. 16, 2025) Just looking at the false advertis...
Thursday, September 04, 2025

TM question of the day: more than meets the eye?

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 My spouse and I both noticed this campaign around DC--it's some sort of miltech. But what does Hasbro think? I found a page where the ...

general competitor has Lanham Act standing even if it doesn't compete in alleged false advertiser's subcategory

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Colorado Biolabs, Inc. v. Three Arrows Nutra, LLC, No. 3:25-CV-0601-D, 2025 WL 2524313 (N.D. Tex. Sept. 2, 2025) CBL sued Three Arrows for...
Tuesday, September 02, 2025

3d Circuit affirmance shows that false advertising damages remain hard to prove

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CareDX, Inc. v. Natera, Inc., 2025 WL 2480117, No. 23-2427, No. 23-2428 (3d Cir. Aug. 28, 2025) The court of appeals affirms the district ...
1 comment:

keyword ad claim fails out of the gate, but bad (c) claim not yet challenged

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Regalo Int’l LLC v. Aborder Prods. Inc, 2025 WL 2483167, No. 3:24-CV-03270-E (N.D. Tex. Aug. 28, 2025) Eric Goldman on the keyword ad aspe...