Monthly Archives: April 2014

claim proceeds against allegedly scammy publishing company now owned by Penguin

Posted on April 30, 2014 by rtushnet

James v. Penguin Group (USA) Inc., 2014 WL 1407697, No. 13 Civ. 2801 (S.D.N.Y. Apr. 11, 2014) Plaintiffs sued Penguin and Author Solutions, a Penguin company, for breach of contract, unjust enrichment, and violation of California, NY, and Colorado consumer … Continue reading →

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John Oliver covers Pom Wonderful and other false advertising issues

Posted on April 30, 2014 by rtushnet

And unsurprisingly, it’s a fantastic summary!  Starts around 15:27.  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Bait and switch advertising isn’t TM infringement

Posted on April 30, 2014 by rtushnet

Sussman-Automatic Corp. v. Spa World Corp., — F. Supp. 2d —, 2014 WL 1651953 (E.D.N.Y. Apr. 25, 2014) Sussman sued Spa World and its principals for bait-and-switch advertising. They allegedly purported to sell Sussman’s “Mr. Steam” steam shower and spa … Continue reading →

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is noncompliance with FDA definitions inherently misleading?

Posted on April 30, 2014 by rtushnet

The FDA just issued a rule for nutritional claims about DHA and EPA. Explanation here. Some of the comments objected to the proposed rule on First Amendment grounds, and the FDA’s response is of interest. Basically, there’s a special statutory … Continue reading →

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eCigarette advertising: past is prologue

Posted on April 23, 2014 by rtushnet

Smithsonian National Museum of American History Dr. Robert Jackler, “Freedom to Vape”: Unregulated Exuberance in Electronic Cigarette Advertising (Dr. Jackler is talking to FDA and to Congress about the same issues on his trip to the East Coast) Note: I’m … Continue reading →

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

A bit more on Pom

Posted on April 22, 2014 by rtushnet

I wonder whether this was the first Supreme Court brief featuring a color picture?  Also, I should probably add a tag for Pom, same as I have for Google.  Feels a bit like giving in, though. Anyway: Transcript of oral … Continue reading →

Posted in advertising, consumer protection, http://schemas.google.com/blogger/2008/kind#post, preemption, presentations | Leave a comment

Reading list: consumer protection

Posted on April 22, 2014 by rtushnet

Reading list: Dee Pridgen, Wrecking Ball Disguised as Law Reform: ALEC’s Model Act on Private Enforcement of Consumer Protection Statutes, 39 New York University Review of Law & Social Change (2015). Abstract: The consumer protection statutes of every state are … Continue reading →

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I’m interviewed about Aereo

Posted on April 22, 2014 by rtushnet

In which I give my take on Aereo, albeit briefly and for a general audience. My pet theory is that the best way for the Court to rule for the broadcasters without screwing too much up would be to distinguish … Continue reading →

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Pom Wonderful post-argument

Posted on April 21, 2014 by rtushnet

I’ll be speaking at this AU Washington College of Law event, which will be webcast (follow the link). Panelists: Brian Boynton, Partner, Wilmer Hale Rebecca Tushnet, Professor, Georgetown Law School Samuel Gedge, Associate, Wiley Rein LLP Moderated by Prof. Christine Farley, … Continue reading →

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Adam Levitin responds to General Mills

Posted on April 17, 2014 by rtushnet

Here: By permitting, allowing, or suffering me to purchase any of your products or services, whether directly from you or indirectly through dealers, vendors, agents, or other third-parties, you agree to irrevocably surrender all rights to compel me to arbitration … Continue reading →

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