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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
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
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
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
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
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
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
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
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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