Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2335
Posts / Week:6.1
Archived Since:March 17, 2008

Blog Post Archive

False establishment claims not actionable under consumer protection law

2 weeks agoIndustries / Law : 43(B)log

Aloudi v. Intramedic Research Group, LLC, 2015 WL 4148381, No. 15-cv-00882 (N.D. Cal. Jul. 9, 2015) Aloudi brought the usual California/warranty claims against IRG for its claims about its JavaSLIM product, a “green coffee bean extract...Show More Summary

Dastar-barred claims can't be repled as false advertising claims

2 weeks agoIndustries / Law : 43(B)log

Friedman v. Zimmer, No. 15-502 (C.D. Cal. Jul. 10, 2015) Richard Friedman sued Hans Zimmer and others, alleging that the score to 12 Years a Slaveinfringed his copyright to a composition, To Our Fallen. Friedman also alleged violation of the Lanham Act through misrepresentation of the score’s authorship in advertising and promotion. Show More Summary

Is it awful of me to want a Downfall remix featuring historians reacting?

2 weeks agoIndustries / Law : 43(B)log

Historians react with anger to Goebbels copyright ruling.H/T Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Quote of the day: on trademark harm

2 weeks agoIndustries / Law : 43(B)log

Ralph Sharp Brown knew his stuff with respect to trademark theories of harm that go beyond lost sales: “Judge Frank has already pointed out that the defendant ought to have an opportunity to prove that he will not harm the plaintiff’s fair name. Show More Summary

Amicus seeking rehearing in In re GNC

2 weeks agoIndustries / Law : 43(B)log

Brian Wolfman and I just filed this amicus on behalf of law professors seeking rehearing in the In re GNC case, which badly misunderstood literal falsity. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

And his fate is still unlearn’d: Subway overcharge claim fails

2 weeks agoIndustries / Law : 43(B)log

Hollander v. Metropolitan Transp. Authority, 2015 N.Y. Slip Op. 50991(U), 2015 WL 4077193, No. 160972/13 (Sup. Ct. June 25, 2015) Hollander sued the MTA on behalf of purchasers of 7–Day and 30–Day MetroCards, alleging they were falsely advertised because they aren’t valid for a full 7 or 30 days. Show More Summary

A rant on the Copyright Office's Orphan Works proposal

2 weeks agoIndustries / Law : 43(B)log

And it's not even from me! As a dedicated ranter, however, I must recognize greatness in ranting when it appears. Kyle Courtney, my hat's off to you. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Reading list: Christine Jolls on visual disclosures

3 weeks agoIndustries / Law : 43(B)log

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern...Show More Summary

Exaggerated and outdated photos literally false, court rules

3 weeks agoIndustries / Law : 43(B)log

Spruce Environmental Technologies, Inc. v. Festa Radon Technologies, Co., 2015 WL 4038802, No. 15–11521 (D. Mass. July 2, 2015) Spruce and Festa compete in the radon mitigation industry, selling products for testing and reducing indoor levels of the colorless and odorless radioactive gas radon. Show More Summary

Venable on notable NAD product name ruling

3 weeks agoIndustries / Law : 43(B)log

Amy Mudge and Randall Shaheen explain the NAD's take on product names: if you put two terms together, as in "Nourishing Coconut Shampoo," the ingredient has to provide the benefit. If not, it has to be called "Nourishing Shampoo with...Show More Summary

Clearblue's pregnancy test gets the blues: recall ordered for false advertising

3 weeks agoIndustries / Law : 43(B)log

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, 2015 WL 4002468, No. 14–CV–585 (S.D.N.Y. July 1, 2015) A good old-fashioned false advertising case about pregnancy tests! Prior opinion, refusing to dismiss the claims as preempted in light of Pom Wonderful. Show More Summary

UK ad regulator disapproves of negative puffery

4 weeks agoIndustries / Law : 43(B)log

One big difference between the US and the EU in comparative advertising is that what we would consider negative puffery, like "overpriced," the EU bans as not sufficiently objective. In this ASA adjudication, the advertiser both ranShow More Summary

Trademark scholars roundtable: the consumer in different contexts

4 weeks agoIndustries / Law : 43(B)log

Session 3: The Consumer in Different Trade Mark Contexts Do the questions that we have looked at in the first two sessions vary in different trademark and adjacent contexts? Is assessment of the reaction of the average consumer in trade...Show More Summary

DMCA exemption followup

4 weeks agoIndustries / Law : 43(B)log

The OTW/EFF response to the Copyright Office’s additional questions, filed yesterday, is now available. Of note, the Copyright Office asked us about the extent to which K-12 students and teachers were covered by the existing noncommercial exemption. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Fourth Circuit destroys literal falsity

4 weeks agoIndustries / Law : 43(B)log

In re GNC Corp., -- F.3d --, 2015 WL 3798174 (4 th Cir. June 19, 2015) Well, this is a terrible opinion that makes no sense. In the Fourth Circuit, if reasonable experts disagree, it’s now impossible for one to be wrong, and therefore impossible for there to be literal falsity. Show More Summary

Trademark scholars roundtable: establishing the features of the consumer

4 weeks agoIndustries / Law : 43(B)log

Session 2: Establishing the Features of the Consumer The UK courts have in recent years been quite explicit that the consumer is a normative construct, a fiction, and a benchmark. What does this mean? Does the modifier “average” or “reasonable”...Show More Summary

Trademark scholars roundtable: roles for the consumer in TM

last monthIndustries / Law : 43(B)log

Seventh Trademark Scholars Roundtable: The Construction of the Consumer in Trade Mark Law Session 1: Roles for the Consumer in Trade Mark Law What role does the “consumer” (whether “average” or “reasonable” or otherwise) play in trade...Show More Summary

Ninth Circuit rejects class certification because ads differed

last monthIndustries / Law : 43(B)log

Cabral v. Supple LLC, --- Fed.Appx. ----, 2015 WL 3855142, No. 13–55943 (9th Cir. June 23, 2015) The court of appeals vacated the certification of a class of purchasers of a dietary supplement. The certified class was “[a]ll personsShow More Summary

claim of "improved" version of competitor's product not likely to confuse

last monthIndustries / Law : 43(B)log

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., 63 F.Supp.3d 149 (D. Mass. 2014) Arborjet sued Rainbow over an alleged breach of a sales agency agreement and won a preliminary injunction. Arborjet makes insect and pest control products for direct injection into trees. Show More Summary

False patent marking isn't material to business customers

last monthIndustries / Law : 43(B)log

Pactiv, LLC v. Multisorb Technologies, Inc., 63 F.Supp.3d 832 (N.D. Ill. 2014) Pactiv and Multisorb compete to sell oxygen absorbers—“packets of chemicals that react with moisture to absorb oxygen when placed inside food containers,” keeping food fresher longer. Show More Summary

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