
I teach at Harvard Law School. false advertising, (c), TM & more. https://xitter.cf/t.co/s2QQGmv2fB, also findable on LinkedIn and [email protected]
Washington, DC/Cambridge, MA
Joined March 2009
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I'm going to stop cross-posting here over the next week. If you like the blog, you can subscribe by email, tushnet.blogspot.com/, or follow my blog posts on LinkedIn, Mastodon mastodon.lawprofs.org/@rtush…, or BlueSky bsky.app/profile/rtushnet.bs… See you there!
"plant-based" is plausibly misleading without qualification; can asterisks save the day? ift.tt/tOEq9rd
Plaintiffs win partial summary judgment on falsity/materiality in "made in US" tea case ift.tt/8g6iW0O
court allows Nike's legal theories and most of its expert testimony against StockX's resales/NFTs ift.tt/FC3Rukn
federal preemption for airlines doesn't extend to Delta's "carbon neutral" ads ift.tt/SwrsEMX
plausible critiques of "clinically proven" suffice to plead false advertising ift.tt/PfMwkoG
7th Circuit endorses behavioral approach to reasonable consumer standard ift.tt/GzvIy4u
Slow fashion: checkerboard design plausibly infringes another checkerboard design ift.tt/hJKo9TE
lawsuit against plaintiffs' expert witness fails on First Amendment grounds ift.tt/t4kj2Fq
9th Circuit holds that California's Sherman Act can be enforced by private plaintiffs ift.tt/9ezlphn
bad influence: claims against vodka producer proceed, including failure to disclose endorser payments ift.tt/H4SDxWd
where ingredients list can't clarify ambiguity, "manage blood sugar" claim is plausibly misleading ift.tt/pMfhQ3b
"#1 Brand" claim was literally false because of apples-to-oranges comparison ift.tt/lmd5px0
Another challenge to "up to 8 hours of relief" proceeds ift.tt/VzSF45c
Second Circuit affirms rejection of "All Natural" survey as too leading ift.tt/4S0WaUe