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Reading list: consumer search parsimony
26 Mar 2018, 5:32 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Claims against "Southern Comfort" malt beverage not preempted
11 Oct 2023, 8:30 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
no summary judgment on "non-toxic" and "Earth friendly"
30 Jan 2024, 9:33 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
court says product reformulation might be deceptive if survey supports claim
11 Oct 2016, 12:08 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
"Hawaiian" plus imagery isn't deceptive indication of origin (or is it?)
23 Sep 2019, 10:40 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
In Nevada, no sale is necessary for false advertising liability if sufficient causation exists
1 Aug 2022, 1:36 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
erroneously collecting sales tax isn't an unfair act or practice in trade or commerce
9 Nov 2021, 4:43 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Lexmark applies to false association, not just false advertising
15 Jan 2015, 10:14 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Even where irreparable harm is "logical" you still need more than assertions
8 Jun 2017, 10:19 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
expert can't substitute for survey evidence (at least w/o experience w/consumer reactions)
21 Jul 2020, 11:18 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Lanham Act covers ads that drug is FDA-approved/has ANDA
7 Aug 2018, 8:20 am by RT
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43(B)log - http://tushnet.blogspot.com/
Variation in supplement bottle contents defeats consumer protection claim
2 Apr 2019, 8:22 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Trump hotel fails in suit against unionizers
15 Aug 2016, 7:35 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
NY high court reiterates that "consumer-oriented" is broad, covers statements to thousands of gov't employees
6 Jul 2020, 1:02 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
statements to investors not probative of commercial ad/promotion in Lanham Act case
27 Jan 2023, 7:23 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Primary jurisdiction doesn't defeat supplement false advertising claim
13 Jul 2016, 9:04 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
"commercial advertising or promotion" requires more than a call and an email
16 Feb 2023, 6:29 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Non-alphanumeric logo isn't CMI
16 Aug 2021, 10:53 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Disparate impact isn't "unfair" for consumer protection purposes, court indicates
23 Sep 2021, 10:36 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
"Krab mix" plausibly misleads as to crab content
1 Oct 2021, 9:22 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/