-
Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
Recent Comments
Archives
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- June 2013
Categories
- 230
- acpa
- advertising
- antitrust
- art law
- attribution
- blogging
- california
- cfaa
- cfps
- class actions
- cmi
- comics
- commercial speech
- conferences
- consumer protection
- contracts
- copying
- copyright
- counterfeiting
- cultural property
- damages
- dastar
- defamation
- design patent
- dilution
- disclosures
- disparagement
- dmca
- drm
- fan fiction
- fanworks
- fda
- fees
- first amendment
- ftc
- geographic indications
- http://schemas.google.com/blogger/2008/kind#post
- insurance
- jurisdiction
- libraries
- misappropriation
- music
- my lawsuits
- my writings
- parody
- patent
- patents
- preemption
- presentations
- privacy
- procedure
- reading list
- remedies
- right of publicity
- secondary liability
- securities
- standing
- surveys
- teaching
- tortious interference
- trade secrets
- trademark
- traditional knowledge
- Uncategorized
- unconscionability
- unfairness
- warranties
Meta
Monthly Archives: July 2014
Reading list: social media flagging
Kate Crawford and Tarleton Gillespie, What is a flag for? Social media reporting tools and the vocabulary of complaint, 4 New Media Society (2014). One of the points I most liked: [F]lags speak only in a narrow vocabulary of complaint. … Continue reading
Posted in reading list
Leave a comment
FTC announces settlement with "official" ticket seller that wasn’t
Details at the FTC’s site. I was interested in this because usually the FTC leaves alone cases in which a business victim is a likely plaintiff; it makes sense to use government resources to go after defendants who otherwise would … Continue reading
Trademark exceptionalism wins another round in Maryland
Hershey Co. v. Friends of Steve Hershey, 2014 WL 3571691, No. WDQ–14–1825 (D. Md. July 17, 2014) Thanks to prodding from Eric Goldman for me to blog about it, here’s a case where we learn that the only constraint on … Continue reading
Posted in first amendment, trademark
Leave a comment
Pom doesn’t change preclusion analysis for medical devices
Catheter Connections, Inc. v. Ivera Medical Corp., 2014 WL 3536573, No. 2:14–CV–70 (D. Utah, July 17, 2014) The parties compete in the medical device market for infection-control devices. At issue here are disinfectant caps incorporated into intravenous (IV) lines that … Continue reading
regulating TM owner’s confusing use of TM doesn’t violate First Amendment
AEP Texas Comm. & Indus. Retail Ltd. P’ship v. Public Util. Comm’n, 2014 WL 3558763, No. 03–13–00358–CV, — S.W.3d – (Tex. Ct. App. July 17, 2014) A complicated regulatory background is the setting for this case about the evidence required … Continue reading
FTC goes after misleading certification mark
Here’s some discussion of the FTC’s complaint from the FTC itself, with a link to the proposed settlement. Unsurprising takeaway: If you purport to certify products as “Made in the USA,” it is a good idea to do some verification … Continue reading
Georgetown Law’s new Center on Privacy and Technology
Learn more here. All my colleagues who worked on this deserve congratulations–Professors Julie Cohen, David Vladeck, Laura Donohue and Angela Campbell worked tirelessly for this achievement. http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Posted in privacy
Leave a comment
trademark beats copyright at surviving motion to dismiss
Gorski v. Gymboree Corp., 2014 WL 3533324, No. 14-CV-01314 (N.D. Cal. July 16, 2014) Via Eric Goldman. Gorski and Gymboree both make shirts that feature the phrase “lettuce turnip the beet.” Gorski sued for copyright and trademark infringement; Gorski owns … Continue reading
allegations about fake reviews can support false advertising claim
American Bullion, Inc. v. Regal Assets, LLC, 2014 WL 3516252, No. CV 14–01873 (C.D. Cal. July 15, 2014) The parties compete to sell gold and other precious metals as retirement investments. Plaintiff (ABI) advertises online using third-party affiliates, who get … Continue reading
Uber/under: false advertising and association claims against Uber continue
Yellow Group LLC v. Uber Technologies Inc., No. 12 C 7967, 2014 WL 3396055 (N.D. Ill. July 10, 2014) Taxi medallion owners, taxi affiliations (taxi dispatch services), and livery service providers sued Uber, alleging that it competed unfairly by misrepresenting … Continue reading