Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3028
Posts / Week:6.4
Archived Since:March 17, 2008

Blog Post Archive

All in the game: misleading tennis racquet endorsements don't support class certification

last weekIndustries / Law : 43(B)log

Ono v. Head Racquet Sports USA, Inc., No. CV 13–4222, 2016 WL 6647949 (C.D. Cal. Mar. 8, 2016)| Ono sued Head for deceiving the public “into believing that top-ranked professional tennis players actually used [Tour–Line Racquets] during competition,” bringing the usual California claims. Show More Summary

Slingbox's addition of ads wasn't deceptive

last weekIndustries / Law : 43(B)log

In re Sling Media Slingbox Advertising Litig., 202 F. Supp. 3d 352 (S.D.N.Y. 2016) Plaintiffs sued Sling under California law, and in the alternative under the consumer-protection laws of forty-seven other jurisdictions, including under...Show More Summary

failure to caption music/songs doesn't make "close captioned" label misleading

last weekIndustries / Law : 43(B)log

Anthony v. Buena Vista Home Entertainment Inc., 2016 WL 6836950, No. 2:15–cv–09593 (C.D. Cal. Sept. 28, 2016) Plaintiffs, who are deaf or hard of hearing, alleged that defendants sold (1) DVDs enclosed in packaging with language advertising...Show More Summary

Not with a bang but with a fastener

2 weeks agoIndustries / Law : 43(B)log

B&B Hardware, Inc. v. Hargis Indus., Inc., --- F. Supp. 3d ----, 2017 WL 957548 (E.D. Ark. Feb. 16, 2016) I mentioned this development a while back, but it’s now getting into the federal reporter, which is good so that people don’t misunderstand what ultimately happened. Show More Summary

Seen around town

2 weeks agoIndustries / Law : 43(B)log

Sufficient alteration + disclaimer to avoid trouble for this former BP franchisee? "This is not BP Gas," above covered-over BP star Krackjack biscuits--any trouble from Cracker Jack if you import these from India? Does it matter that other versions of the package present them as Krack Jack, two words? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

How green was my tractor accessory? John Deere defeats aesthetic functionality defense for color scheme

2 weeks agoIndustries / Law : 43(B)log

Deere & Co. v. FIMCO Inc., No. 15-CV-105 (W.D. Ky. Mar. 8, 2017) Deere sued FIMCO for infringing on Deere’s green and yellow color scheme on agricultural equipment. Deere has three green and yellow registrations: (1) the ‘103 Registration...Show More Summary

Conference announcement from the ABA

2 weeks agoIndustries / Law : 43(B)log

ABA’s 32nd Annual Intellectual Property Law Conference April 4-6, 2017 Crystal Gateway Marriott, Arlington, VALearn more here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

GW/Harvard conference: licensing and exhaustion

2 weeks agoIndustries / Law : 43(B)log

Licensing and Exhaustion Moderator: Prof. Robert Brauneis, George Washington University Law School Eric M. Reifschneider, The Marconi Group: There are deals that have died just b/c of exhaustion uncertainty. What triggers exhaustion? At one time, many practitioners thought that a covenant not to sue wouldn’t trigger exhaustion; in 2009, Fed. Show More Summary

GW/Harvard conference: Infringement and Defenses

2 weeks agoIndustries / Law : 43(B)log

Infringement and Defenses Moderator: Prof. Michael B. Abramowicz, George Washington University Law School William F. Lee, WilmerHale LLP: Literal infringement/each and every element of the claim—useful for laypeople to think about the claim. Show More Summary

Harvard & GW Law Conference, Intellectual Property, Private Law, and the Supreme Court: panel 1

2 weeks agoIndustries / Law : 43(B)log

Opening Remarks Hon. F. Scott Kieff, U.S. International Trade Commission Grokster required a heavy lift for those heavily oriented to positive law, b/c SCt took inducement—a doctrine in the patent statute, but absent from the otherwise...Show More Summary

Unrelated cy pres recipient and disfavored coupon offer doom settlement approval

2 weeks agoIndustries / Law : 43(B)log

Hofmann v. Dutch LLC, No. 14-cv-02418, 2017 WL 840646 (S.D. Cal. Mar. 2, 2017) The court rejected plaintiff’s unopposed third motion for preliminary approval of the proposed class settlement in this case involving allegedly false “Made in the USA” claims for jeans. Show More Summary

"imported" Sapporo isn't confusing as a matter of law given clear disclosure of Canadian origin

2 weeks agoIndustries / Law : 43(B)log

Bowring v. Sapporo U.S.A., Inc., 2017 WL 902151, --- F.Supp.3d ----, No. 16-CV-1858 (E.D.N.Y. Feb. 10, 2017) Bowring sued Sapporo under the GBL and similar state law claims, alleging that it created a misleading impression that Sapporo beer is a Japanese import, when in fact, it is produced in the United States and Canada. Show More Summary

Court trebles damage award based on willful false advertising, over advisory jury verdict

2 weeks agoIndustries / Law : 43(B)log

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, No. 3:14CV00016, 2017 WL 837688 (W.D. Va. Mar. 2, 2017) A jury found that Method engaged in false advertising; that Concordia was entitled to $733,200.00 in actual or compensatory damages; and that the false advertising wasn’t willful. Show More Summary

"same quality as Made in USA" is not puffery, says magistrate

2 weeks agoIndustries / Law : 43(B)log

University Loft Co. v. Blue Furniture Solutions, LLC, 2017 WL 876312, NO. A–15–CV–826 (W.D. Tex. Mar. 3, 2017) (report and recommendation of magistrate judge) University sued Blue alleging false advertising and trademark infringement...Show More Summary

Reading list: IP in the criminal justice system

2 weeks agoIndustries / Law : 43(B)log

Rebecca Wexler, Life, Liberty, and Trade Secrets: Intellectual Property in the Criminal Justice System Abstract From policing to evidence to parole, data-driven algorithmic systems and other automated software programs are being adopted throughout the criminal justice system. Show More Summary

Reading List: Brian Frye, Invention of a Slave

3 weeks agoIndustries / Law : 43(B)log

Reading list: Brian L. Frye, Invention of a Slave Abstract: On June 10, 1858, the Attorney General of the United States issued an opinion concluding that a machine invented by a slave could not be patented, because neither the slaveShow More Summary

Terms and Conditions

3 weeks agoIndustries / Law : 43(B)log

Reading list: new comic book, Terms and Conditions: transformative work of the day, using iTunes’ terms and conditions combined with illustrations in the style of various comic artists. Steve Jobs as Joe Cool Tumblr here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Clearblue's corrective advertising not so clear

3 weeks agoIndustries / Law : 43(B)log

Via Alex Roberts: As she said, only a lawyer could love it--also that URL; who'd type that in? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Another fake discount allegation survives challenge to plaintiff's theory of harm

3 weeks agoIndustries / Law : 43(B)log

Munning v. The Gap, Inc., 2017 WL 733104, No.16-cv-03804 (N.D. Cal. Feb. 24, 2017) Munning bought a pair of swim trunks from the Gap Factory retail website, and one dress and one sweater from the Banana Republic Factory website, each advertised as being on sale, e.g. Show More Summary

Reading list, good titles edition

3 weeks agoIndustries / Law : 43(B)log

Kacy Popyer. Note. CACHE-22: the fine line between information and defamation in Google's autocomplete function. 34 Cardozo Arts &; Ent. L.J. 835-861 (2016)But why no publicly available copy, Cardozo Arts & Ent. L.J.? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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