Monthly Archives: July 2014

Using up most of settlement fund shows settlement is reasonable

Posted on July 16, 2014 by rtushnet

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

Posted on July 16, 2014 by rtushnet

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

Posted on July 14, 2014 by rtushnet

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

Posted on July 14, 2014 by rtushnet

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

Posted on July 14, 2014 by rtushnet

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

Posted on July 11, 2014 by rtushnet

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 …

Posted on July 10, 2014 by rtushnet

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

Posted on July 8, 2014 by rtushnet

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?

Posted on July 8, 2014 by rtushnet

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

Posted on July 7, 2014 by rtushnet

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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