alex roberts
@lexlanham.bsky.social
law professor teaching & writing about trademark, false advertising, IP, & entertainment law at northeastern
lastly, this suit by williams-sonoma over a website called dupes .com alleges false advertising by describing imitations of WSI products as "dupes" when the purported dupes are materially different from the originals in appearance, material, size, dimensions, and/or quality.
February 6, 2026 at 7:16 PM
lastly, this suit by williams-sonoma over a website called dupes .com alleges false advertising by describing imitations of WSI products as "dupes" when the purported dupes are materially different from the originals in appearance, material, size, dimensions, and/or quality.
deckers (UGG) is a frequent dupe plaintiff, but suing over trade dress is risky business: the court found the designs for the classic ultra mini & the tasman unprotectable as generic--they're too commonly used in the marketplace to identify a single source
(other claims remain)
(other claims remain)
February 6, 2026 at 7:16 PM
deckers (UGG) is a frequent dupe plaintiff, but suing over trade dress is risky business: the court found the designs for the classic ultra mini & the tasman unprotectable as generic--they're too commonly used in the marketplace to identify a single source
(other claims remain)
(other claims remain)
then uncrustables: smucker alleges TJ's infringes & dilutes their rights in a crustless PB&J sandwich with crimped edges, asserting registrations & common law rights for its stylized word mark, packaging, sandwich configuration, image of sandwich, & slightly creepy mascot (is the bite its mouth?)
February 6, 2026 at 7:16 PM
then uncrustables: smucker alleges TJ's infringes & dilutes their rights in a crustless PB&J sandwich with crimped edges, asserting registrations & common law rights for its stylized word mark, packaging, sandwich configuration, image of sandwich, & slightly creepy mascot (is the bite its mouth?)
next, lululemon v. costco, alleging common law & registered trade dress & design patent infringement of its DEFINE jacket, ABC pant, & SCUBA sweatshirt
prof. fackrell & i have a blog post on this one here:
blog.ericgoldman.org/archives/202...
prof. fackrell & i have a blog post on this one here:
blog.ericgoldman.org/archives/202...
February 6, 2026 at 7:16 PM
next, lululemon v. costco, alleging common law & registered trade dress & design patent infringement of its DEFINE jacket, ABC pant, & SCUBA sweatshirt
prof. fackrell & i have a blog post on this one here:
blog.ericgoldman.org/archives/202...
prof. fackrell & i have a blog post on this one here:
blog.ericgoldman.org/archives/202...
i opened with benefit v. e.l.f. even though that decision came down in dec. 2024--
the court in that case found that even though benefit had protectable, strong trade dress in its "roller lash" mascara, & even tho e.l.f. intended to mimic, there was no likelihood of confusion
the court in that case found that even though benefit had protectable, strong trade dress in its "roller lash" mascara, & even tho e.l.f. intended to mimic, there was no likelihood of confusion
February 6, 2026 at 7:16 PM
i opened with benefit v. e.l.f. even though that decision came down in dec. 2024--
the court in that case found that even though benefit had protectable, strong trade dress in its "roller lash" mascara, & even tho e.l.f. intended to mimic, there was no likelihood of confusion
the court in that case found that even though benefit had protectable, strong trade dress in its "roller lash" mascara, & even tho e.l.f. intended to mimic, there was no likelihood of confusion
WHOOP gets a preliminary injunction against a lookalike fitness tracker that copies its asserted trade dress, "a continuous fabric band that wraps over the device (i.e., a faceless device) with thin metal accents on the side of the device"
www.mobihealthnews.com/news/whoop-s...
www.mobihealthnews.com/news/whoop-s...
February 6, 2026 at 3:05 PM
WHOOP gets a preliminary injunction against a lookalike fitness tracker that copies its asserted trade dress, "a continuous fabric band that wraps over the device (i.e., a faceless device) with thin metal accents on the side of the device"
www.mobihealthnews.com/news/whoop-s...
www.mobihealthnews.com/news/whoop-s...
when you’re afraid to say “superbowl” because the NFL is a trademark bully but you have no qualms about using an athlete’s name in commercial advertising (use code MAYE10) 🤔
February 4, 2026 at 3:08 PM
when you’re afraid to say “superbowl” because the NFL is a trademark bully but you have no qualms about using an athlete’s name in commercial advertising (use code MAYE10) 🤔
me, a trademark law professor: when you see shirts with a professional sports team logo, do you expect them to come from/be licensed by the team? why or why not?
my local facebook group: come get your pats merch for the superbowl from a tent in the pahking lot of the packy!
my local facebook group: come get your pats merch for the superbowl from a tent in the pahking lot of the packy!
February 4, 2026 at 3:24 AM
me, a trademark law professor: when you see shirts with a professional sports team logo, do you expect them to come from/be licensed by the team? why or why not?
my local facebook group: come get your pats merch for the superbowl from a tent in the pahking lot of the packy!
my local facebook group: come get your pats merch for the superbowl from a tent in the pahking lot of the packy!
class action alleges FLORIDA'S NATURAL grapefruit juice misleads consumers by advertising the brand as “owned by florida farmers” & displaying an image of a US flag when its products contain grapefruit juice from mexico
truthinadvertising.org/wp-content/u...
truthinadvertising.org/wp-content/u...
February 3, 2026 at 9:28 PM
class action alleges FLORIDA'S NATURAL grapefruit juice misleads consumers by advertising the brand as “owned by florida farmers” & displaying an image of a US flag when its products contain grapefruit juice from mexico
truthinadvertising.org/wp-content/u...
truthinadvertising.org/wp-content/u...
in other "trademark cases have the best captions" news, nothing bundt cakes sues phat cakes for trademark infringement over frosting patterns
nothing bundt has a registration for "long, narrow strips of tubular ring-shaped frosting that expand radially outward from the center"
nothing bundt has a registration for "long, narrow strips of tubular ring-shaped frosting that expand radially outward from the center"
February 2, 2026 at 7:25 PM
in other "trademark cases have the best captions" news, nothing bundt cakes sues phat cakes for trademark infringement over frosting patterns
nothing bundt has a registration for "long, narrow strips of tubular ring-shaped frosting that expand radially outward from the center"
nothing bundt has a registration for "long, narrow strips of tubular ring-shaped frosting that expand radially outward from the center"
jury finds vaportoke & daddy dankz infringed california-based bong maker's trademark for a gravity infuser, awarding $200k in damages
companies are choosing their names without really thinking about how they'll look on a verdict form 😂
www.law360.com/articles/243...
companies are choosing their names without really thinking about how they'll look on a verdict form 😂
www.law360.com/articles/243...
February 2, 2026 at 7:21 PM
jury finds vaportoke & daddy dankz infringed california-based bong maker's trademark for a gravity infuser, awarding $200k in damages
companies are choosing their names without really thinking about how they'll look on a verdict form 😂
www.law360.com/articles/243...
companies are choosing their names without really thinking about how they'll look on a verdict form 😂
www.law360.com/articles/243...
it’s pocky vs pepero day in trademark law! 😋
February 2, 2026 at 5:24 PM
it’s pocky vs pepero day in trademark law! 😋
told my friends & kids about the sitting-rising test this weekend. i'm in pretty good shape but couldn't get a 10
getting a 9 is very easy. w/ a couple attempts i pulled off a 9.5 & so did my 11 y/o.
but only the 8 y/o got a perfect 10 on her 1st try 😂
www.nytimes.com/2026/01/22/w...
getting a 9 is very easy. w/ a couple attempts i pulled off a 9.5 & so did my 11 y/o.
but only the 8 y/o got a perfect 10 on her 1st try 😂
www.nytimes.com/2026/01/22/w...
February 2, 2026 at 3:33 PM
told my friends & kids about the sitting-rising test this weekend. i'm in pretty good shape but couldn't get a 10
getting a 9 is very easy. w/ a couple attempts i pulled off a 9.5 & so did my 11 y/o.
but only the 8 y/o got a perfect 10 on her 1st try 😂
www.nytimes.com/2026/01/22/w...
getting a 9 is very easy. w/ a couple attempts i pulled off a 9.5 & so did my 11 y/o.
but only the 8 y/o got a perfect 10 on her 1st try 😂
www.nytimes.com/2026/01/22/w...
tabasco points to collabs w/ a number of other brands to underscore the alleged likelihood of confusion
complaint is here: cases.stretto.com/public/x388/...
complaint is here: cases.stretto.com/public/x388/...
January 29, 2026 at 2:00 PM
tabasco points to collabs w/ a number of other brands to underscore the alleged likelihood of confusion
complaint is here: cases.stretto.com/public/x388/...
complaint is here: cases.stretto.com/public/x388/...
tabasco says its "instantly recognizable & famous packaging" comprises: (i) a clear cylindrical bottle with a narrow neck, (ii) a red cap, (iii) a green label covering the
circumference of the narrow neck, (iv) & a diamond-shaped label with broken concentric circles w/ its logo
circumference of the narrow neck, (iv) & a diamond-shaped label with broken concentric circles w/ its logo
January 29, 2026 at 2:00 PM
tabasco says its "instantly recognizable & famous packaging" comprises: (i) a clear cylindrical bottle with a narrow neck, (ii) a red cap, (iii) a green label covering the
circumference of the narrow neck, (iv) & a diamond-shaped label with broken concentric circles w/ its logo
circumference of the narrow neck, (iv) & a diamond-shaped label with broken concentric circles w/ its logo
mcilhenny, maker of tabasco, sues stoli for trade dress infringement over its new jalapeño pepper vodka packaging
the companies had been in talks about a collab, but tabasco instead partnered w/ absolut on a different spicy vodka
vinepair.com/booze-news/t...
the companies had been in talks about a collab, but tabasco instead partnered w/ absolut on a different spicy vodka
vinepair.com/booze-news/t...
January 29, 2026 at 2:00 PM
mcilhenny, maker of tabasco, sues stoli for trade dress infringement over its new jalapeño pepper vodka packaging
the companies had been in talks about a collab, but tabasco instead partnered w/ absolut on a different spicy vodka
vinepair.com/booze-news/t...
the companies had been in talks about a collab, but tabasco instead partnered w/ absolut on a different spicy vodka
vinepair.com/booze-news/t...
watching an author talk with liz moore--after god of the woods i immediately read everything else she's written too so it's a joy to watch her articulate connections among characters across books 🤩
January 29, 2026 at 12:29 AM
watching an author talk with liz moore--after god of the woods i immediately read everything else she's written too so it's a joy to watch her articulate connections among characters across books 🤩
sidewalks looking good on my walk to the train today 😅
January 28, 2026 at 4:43 PM
sidewalks looking good on my walk to the train today 😅
me: wow, nice art!
my kid, distracted: what art
me: oh I guess it’s…a capybara who is in love with a duck in a frog costume?
my kid [rolls eyes]: it’s just a frog RAINCOAT mom
my kid, distracted: what art
me: oh I guess it’s…a capybara who is in love with a duck in a frog costume?
my kid [rolls eyes]: it’s just a frog RAINCOAT mom
January 28, 2026 at 3:45 PM
me: wow, nice art!
my kid, distracted: what art
me: oh I guess it’s…a capybara who is in love with a duck in a frog costume?
my kid [rolls eyes]: it’s just a frog RAINCOAT mom
my kid, distracted: what art
me: oh I guess it’s…a capybara who is in love with a duck in a frog costume?
my kid [rolls eyes]: it’s just a frog RAINCOAT mom
curtains for zoosha: wearables edition
January 27, 2026 at 9:56 PM
curtains for zoosha: wearables edition
well i LOVE THAT DIRTY WATER
oh oh boston you're my home 🥲
oh oh boston you're my home 🥲
January 27, 2026 at 12:10 AM
well i LOVE THAT DIRTY WATER
oh oh boston you're my home 🥲
oh oh boston you're my home 🥲
i don't always buy knockoff pocky but when i do, it has to be CRUNKY
January 26, 2026 at 10:59 PM
i don't always buy knockoff pocky but when i do, it has to be CRUNKY
I have sometimes wondered what to do with my kids’ art but “sell it on facebook marketplace” simply never occurred to me
January 26, 2026 at 10:36 PM
I have sometimes wondered what to do with my kids’ art but “sell it on facebook marketplace” simply never occurred to me
sorry for forecastposting but this is kind of cute right? 5 at 5, 6 at 6, 7 at 7…
January 25, 2026 at 4:11 AM
sorry for forecastposting but this is kind of cute right? 5 at 5, 6 at 6, 7 at 7…
reliving my youth with my 8 y/o 😍
January 24, 2026 at 8:21 PM
reliving my youth with my 8 y/o 😍