Monthly Archives: July 2014

Using up most of settlement fund shows settlement is reasonable

Larsen v. Trader Joe’s Co., No. 11-cv-05188, 2014 WL 3404531 (N.D. Cal. July 11, 2014) This is a final settlement approval of claims based on products labeled “All Natural” or “100% Natural,” when they allegedly contained synthetic ingredients.  The settlement … Continue reading

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on Thursdays, we’re teddy bear doctors

The Hollywood Reporter on a lawsuit alleging infringement by the 2012 film Ted of a foul-mouthed teddy bear character that lives with humans.  This post brought to you by a reminder that Supernatural did it in 2008: Yes, this is … Continue reading

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Reading list: food law

Regent University’s law review had a symposium on food law.  Here are the resulting articles, essentially all about advertising/disclosures: Foreword: Food Law and Its Place at the Legal Academy Michael T. Roberts Defining Natural Foods: The Search for a Natural … Continue reading

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Twiqbal kills consumer class action in 2d Circuit

DiMuro v. Clinique Laboratories, LLC, — Fed.Appx. —-, 2014 WL 3360586, No. 13–4551 (2d Cir. July 10, 2014) The Second Circuit quickly affirms the dismissal of a putative consumer class action based on Clinique’s marketing of seven different “Repairwear” cosmetics. … Continue reading

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Amended aggravation: Garcia v. Google

Never say an opinion (previously discussed here) can’t get worse. The amended opinion in Garcia v. Google manages that feat: Nothing we say today precludes the district court from concluding that Garcia doesn’t have a copyrightable interest, or that Google … Continue reading

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Self-promotion: ABA Blawg 100

So it’s come to this: the ABA Blawg 100 is coming around again, and if you like 43(b)log, I’d love your help staying on it!  You can nominate by following this link.  Thanks! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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When all you have is a Captain Hammer …

The costumed performers who importune passersby in Times Square are not universally beloved.  Via the WSJ comes this suggestion for getting rid of them: State Sen. Brad Hoylman, whose district includes Times Square, said the companies that created the characters … Continue reading

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Purpose-transformativeness versus content-transformativeness

In 2008, Tony Reese presciently told us that the case law on fair use “transformativeness” showed a trend towards favoring transformative purpose over transforming content, so that exact reproduction could have a very good shot at fair use.  Today’s example, … Continue reading

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Deceptive whiskey?

The Whiskey Reviewer announces a series evaluating the marketing claims of various whiskeys. What I found quite striking was that the claims of interest were very much centered around “authenticity,” both in production and in narrative: Potemkinism: Does the company run … Continue reading

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intent to use successful term in ads isn’t intent to confuse

Overstock.com, Inc. v. Nomorerack.com, Inc., No. 2:13-CV-1095 (D. Utah June 30, 2014) Overstock sells a lot of stuff online: over one million products, with over six million customers last year. Nomorerack directly competes with Overstock, and has sold more than … Continue reading

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