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
"plant-based" is plausibly misleading without qualification; can asterisks save the day? ift.tt/tOEq9rd
1
1,179
Plaintiffs win partial summary judgment on falsity/materiality in "made in US" tea case ift.tt/8g6iW0O
2
1,015
court allows Nike's legal theories and most of its expert testimony against StockX's resales/NFTs ift.tt/FC3Rukn
1
4
975
federal preemption for airlines doesn't extend to Delta's "carbon neutral" ads ift.tt/SwrsEMX
1
536
plausible critiques of "clinically proven" suffice to plead false advertising ift.tt/PfMwkoG
450
7th Circuit endorses behavioral approach to reasonable consumer standard ift.tt/GzvIy4u
1
1,211
Slow fashion: checkerboard design plausibly infringes another checkerboard design ift.tt/hJKo9TE
1
456
NetChoice and Calvinball: Initial thoughts ift.tt/Vx2R0uK
3
1
516
lawsuit against plaintiffs' expert witness fails on First Amendment grounds ift.tt/t4kj2Fq
1
429
9th Circuit holds that California's Sherman Act can be enforced by private plaintiffs ift.tt/9ezlphn
1
3
492
bad influence: claims against vodka producer proceed, including failure to disclose endorser payments ift.tt/H4SDxWd
6
457
Is a free trial version "commercial speech"? ift.tt/2M9H3wv
481
where ingredients list can't clarify ambiguity, "manage blood sugar" claim is plausibly misleading ift.tt/pMfhQ3b
472
"#1 Brand" claim was literally false because of apples-to-oranges comparison ift.tt/lmd5px0
1
1
722
Another challenge to "up to 8 hours of relief" proceeds ift.tt/VzSF45c
499
Second Circuit affirms rejection of "All Natural" survey as too leading ift.tt/4S0WaUe
1
694