Rebecca Tushnet's 43(B)log

False advertising and more

Wednesday, February 18, 2026

Fairlife brand name plausibly misleading where cows allegedly lived abuse-filled lives of suffering

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Bhotiwihok v. Fairlife, LLC, № 2:25-cv-01650-ODW (AGRx), 2026 WL 413749 (C.D. Cal. Feb. 13, 2026) “In 2014, Select Milk, a dairy cooperati...
Monday, February 16, 2026

disgorgement can't be a lottery windfall--even when D was engaged in illegal gambling

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TNT Amusements, Inc. v. Torch Electronics, LLC, 2026 WL 411747, No. 4:23-CV-330-JAR (E.D. Mo. Feb. 13, 2025) Previously . TNT leases tradi...
Tuesday, February 10, 2026

CFP: emerging First Amendment scholars

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Second Annual Aspiring Free Speech Scholars Workshop jointly sponsored by the Sandra Day O’Connor College of Law (ASU) and the Hoover Instit...
Friday, February 06, 2026

"ambiguity" is taking hold in consumer protection class actions, but it's not the Lanham Act concept

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Ramirez v. S. Martinelli & Co., 2026 WL 272621, No. 25-cv-07569-NC (N.D. Cal. Feb. 2, 2026) Martinelli’s apple juice products’ front l...

conducting dueling internet searches converts attys into fact witnesses in TM case

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Vicious Brands, Inc. v. Face Co., No. 24-cv-04996-LJC, 2026 WL 276178 (N.D. Cal. Feb. 3, 2026) (magistrate) Plaintiff, aka Saints & Si...
Friday, January 30, 2026

Santa Clara IP Conference: Where Do We Go From Here?

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Moderator: Edward Lee, Santa Clara Law BJ Ard (copyright), University of Wisconsin Law School © is often displaced by contract and other...

Santa Clara IP conference: How It’s Going: What Went Wrong?

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Moderator: Zahr Said, Santa Clara Law Mark Lemley (patent), Stanford Law School After 40 years of radical change, things settled down fo...

Santa Clara School of Law: Intellectual Property Conference: How It Started, How It's Going: What Went Right?

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Moderator: Brian Love, Santa Clara Law Jeanne Fromer (trademark), New York University Law School Search and examination on relative grou...
Wednesday, January 28, 2026

False endorsement claim can proceed against gov't issued license plates and gov't facility named for Roberto Clemente

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Clemente Properties, Inc. v. Pierluisi-Urrutia, --- F.4th ----, 2026 WL 125574, No. 23-1922 (1st Cir. Jan. 16, 2026) The representatives o...
Friday, January 23, 2026

Non-TM owner can use 43(a) to challenge confusing use

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Postar v. Hyland, 2026 WL 145934, No. 5:24-CV-019-H (N.D. Tex. Jan. 20, 2026) This case allows a non-TM owner to bring a false advertising...
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