Monthly Archives: March 2014

NYT on finessing FDA label requirements

Posted on March 12, 2014 by rtushnet

Oreo’s “Cookie Dough” Oreo has neither chocolate chips nor cookie dough.  “Compliance” with FDA labeling requirements is achieved (says Oreo) by the use of “flavor creme” in smaller type on the packaging, plus “chocolatey” chips since the chips don’t meet … Continue reading →

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unjust enrichment claim preempted once patent claim fails

Posted on March 12, 2014 by rtushnet

Medisim Ltd. v. BestMed LLC, 959 F. Supp. 2d 396 (S.D.N.Y. 2013) Previous opinions in this case between thermometer competitors, mostly addressing trademark issues now out of the case (I skipped the patent parts).  After a jury trial, the jury … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, patent, preemption, unfairness | Leave a comment

Getty Images test

Posted on March 11, 2014 by rtushnet

//embed.gettyimages.com/embed/160639386?et=GXqXs6gz-Uu7Yf7jO2VckA&sig=10emSGT2-mLNVs0uBXKn_5dCIMrPTpuXYw6vbX_v98c=This is a test of the Getty embed code.  I expect to check periodically to see whether ads have been run across it, as provided for/threatened in the Terms of Service.  This BusinessWeek article raises some significant questions about the … Continue reading →

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state can regulate health referral provider’s speech about potential benefits

Posted on March 11, 2014 by rtushnet

1-800-411-Pain Referral Service, LLC v. Otto, 2014 WL 904190, No. 13-1167, — F.3d —- (8th Cir. Mar. 10, 2014) My discussion of the opinion below.  411-Pain advertises extensively and connects callers to health care providers or attorneys in their areas.  … Continue reading →

Posted in advertising, commercial speech, disclosures, first amendment, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

IP in the UK

Posted on March 11, 2014 by rtushnet

Sir Robin Jacob, Daniel Alexander QC, and Matthew Fisher, Guidebook to Intellectual Property (6th ed.): With dry humor, this book surveys British IP law for nonlawyers/business student types.  I’m not in a position to comment too much on substance.  In … Continue reading →

Posted in copyright, http://schemas.google.com/blogger/2008/kind#post, patent, reading list, trade secrets, trademark | Leave a comment

Form v. content in DMCA notices

Posted on March 11, 2014 by rtushnet

Still working on a long post on Garcia v. Google because ugh, but here I go on a side note: David Post has a post up, Why Google shouldn’t be the copyright court of last resort, which argues that Google … Continue reading →

Posted in 230, dmca, google, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Does a copyright notice serve as an endorsement?

Posted on March 11, 2014 by rtushnet

Basquiat Estate v. Christie’s, via the Trademark Blog. Plaintiffs allege ownership of the mark BASQUIAT and copyrights in Jean-Michel Basquiat’s artwork. The Estate formed an Authentication Committee to opine on the authenticity of works attributed to him. A collector who … Continue reading →

Posted in dastar, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

danah boyd has good news for Google

Posted on March 11, 2014 by rtushnet

danah boyd, It’s Complicated: Boyd’s book recounts her ethnographic research on the internet lives of American teens of different races and classes.  She challenges many of the simple conclusions popular in the media.  Teens do value privacy—but they don’t often … Continue reading →

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Comparisons and copying of business model aren’t infringement or false advertising

Posted on March 10, 2014 by rtushnet

Garden Catering-Hamilton Avenue, LLC v. Wally’s Chicken Coop, LLC, 2014 WL 810821, No. 3:11cv1892 (D. Conn. Feb. 28, 2014) Garden Catering alleged that its former employee, Michael Natale, prepared to open a rival restaurant, Wally’s, while employed by Garden Catering, … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trade secrets, trademark | Leave a comment

resort fees not included in "total" may violate consumer protection law

Posted on March 10, 2014 by rtushnet

Soule v. Hilton Worldwide, Inc., 2014 WL 794801, No. 13-00652 (D. Hawai’i Feb. 26, 2014) Soule sued Hilton for violation of Hawaii’s consumer protection law and for unjust enrichment based on an allegedly insufficiently disclosed resort fee charged on top … Continue reading →

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