Rebecca Tushnet's 43(B)log

False advertising and more

Monday, June 08, 2026

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...
Monday, June 01, 2026

9th Circuit applies Dastar to bar false advertising liability based on "first to market" claims

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Vericool World, LLC v. Igloo Products Corp., No. 24-192, 2026 WL 1239879, --- F.4th ---- (9 th Cir. May 6, 2026) Judge Bumatay dissented ...
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