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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
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Monthly Archives: September 2014
Mark Lemley is our king
But then, you knew that anyway. Here, have a list of the most cited IP articles over the past ten years, compiled with diligent effort by Ted Sichelman. http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Oh No They Didn’t infringe: Livejournal gets DMCA safe harbor
Eric Goldman on Mavrix Photographs LLC v. LiveJournal, Inc., No. 8:13-cv-00517-CJC-JPR (C.D. Cal. Sept. 19, 2014): plaintiff refuses to send DMCA notices to host website, sues instead. As Eric says, this is a great case for a fee-shift, since (1) … Continue reading
Ascertain this: All Natural liability class certified
Lilly v. Jamba Juice Company, No. 13-cv-02998, 2014 WL 4652283 (N.D. Cal. Sept. 18, 2014) Earlier Jamba Juice proceeding. Plaintiffs moved to certify a California class of purchasers of certain frozen Jamba Juice Smoothie Kit products using “All Natural” prominently … Continue reading
Gratuitous promises: Uber class action continues
Ehret v. Uber Technologies, Inc., No. C-14-0113 (N.D. Cal. Sept. 17, 2014) Ehret’s putative nationwide class action alleged that Uber customers had been charged a 20% fee above the metered fare for each ride, misrepresented as a “gratuity” automatically added … Continue reading
A hologram and a straight-up application of Dastar
Pulse Entertainment Corp. v. David, No. CV 14-4732 (C.D. Cal. Sept. 17, 2014) This case concerns a lifelike animation of Michael Jackson performing a previously unreleased song that appeared during the 2014 Billboard Music Awards and a related CNN interview … Continue reading
House hearing on 1201
House Judiciary Hearing, Subcommittee on Courts, the Internet, and Intellectual Property: 1201 Bonus Library Copyright Alliance statement. Rep. Marino: DMCA is important but there are concerns about misuses; fortunately courts have generally gotten it right to avoid anticompetitive behavior. We … Continue reading
7th Circuit doesn’t like transformativeness or factor 1, still finds fair use
Kienitz v. Sconnie Nation LLC, No. 13-3004 (7thCir. Sept. 15, 2014) Just the facts: While a student at the University of Wisconsin in 1969, Paul Soglin attended the first Mifflin Street Block Party, whose theme (according to Soglin) was “taking … Continue reading
Transformation by subtraction redux?
First there was Garfield without Garfield. Now there’s 3eanuts, turning Peanuts strips into raw expressions of angst and meaninglessness by subtracting the last, (partially) redemptive panel. HT Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Don’t mess with Texas whiskey?
Interesting article about a bourbon whiskey plastered with Texan signifiers, but apparently bottled (rather than distilled) in Texas. The article makes several interesting advertising law-related claims: (1) sophisticated readers who examined the label in detail would be able to divine … Continue reading
google it: verb status doesn’t mean Google is generic
Elliot v. Google Inc., No. CV–12–1072, 2014 WL 4447764 (D. Ariz. Sept. 10, 2014) Based on the evidence submitted here, Google seems to have thought long and hard about genericity, and prepared consumer surveys accordingly. FWIW, my opinion has long … Continue reading