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Rebecca Tushnet @rtushnet

I teach at Harvard Law School. false advertising, (c), TM & more. tushnet.blogspot.com, also findable on LinkedIn and rtushnet@mastodon.social

Joined March 2009
  • Tweets 21,581
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newrepublic.com/post/184097/… 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!

Trump-Lover Elon Musk Is Already Causing Kamala Harris Problems

People are having trouble following Harris’s campaign X (formerly Twitter) account.

newrepublic.com
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1,355
"plant-based" is plausibly misleading without qualification; can asterisks save the day? ift.tt/tOEq9rd
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1,124
Plaintiffs win partial summary judgment on falsity/materiality in "made in US" tea case ift.tt/8g6iW0O
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court allows Nike's legal theories and most of its expert testimony against StockX's resales/NFTs ift.tt/FC3Rukn
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Team Blood Donor ift.tt/mvfSo5V
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federal preemption for airlines doesn't extend to Delta's "carbon neutral" ads ift.tt/SwrsEMX
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plausible critiques of "clinically proven" suffice to plead false advertising ift.tt/PfMwkoG
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7th Circuit endorses behavioral approach to reasonable consumer standard ift.tt/GzvIy4u
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Puffery in the wild ift.tt/xoiTCg5

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Slow fashion: checkerboard design plausibly infringes another checkerboard design ift.tt/hJKo9TE
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NetChoice and Calvinball: Initial thoughts ift.tt/Vx2R0uK
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502
lawsuit against plaintiffs' expert witness fails on First Amendment grounds ift.tt/t4kj2Fq
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9th Circuit holds that California's Sherman Act can be enforced by private plaintiffs ift.tt/9ezlphn
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bad influence: claims against vodka producer proceed, including failure to disclose endorser payments ift.tt/H4SDxWd
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Initial thoughts on Elster ift.tt/nK2bmf5
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Is a free trial version "commercial speech"? ift.tt/2M9H3wv
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where ingredients list can't clarify ambiguity, "manage blood sugar" claim is plausibly misleading ift.tt/pMfhQ3b
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"#1 Brand" claim was literally false because of apples-to-oranges comparison ift.tt/lmd5px0
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Another challenge to "up to 8 hours of relief" proceeds ift.tt/VzSF45c
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Second Circuit affirms rejection of "All Natural" survey as too leading ift.tt/4S0WaUe
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686
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