Monthly Archives: November 2014

Time to make the DMCA exemptions

Posted on November 4, 2014 by

Requests will be collected here as the day continues.  The EFF and the OTW jointly requested a remix exemption for DVD,  Blu-Ray, and streaming video. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Why do competitors get to challenge claims that consumers don’t?

Posted on November 3, 2014 by

I have a political economy explanation for this, but I don’t think that’s good enough.  Challenging a “tests prove” claim—explicit or implicit—in Lanham Act cases means showing that the tests don’t prove the proposition for which they are cited.  This … Continue reading →

Posted in california, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Might of publicity?

Posted on November 3, 2014 by

Using Michelle Obama’s arms to sell training services: Want Michelle Obama’s Arms? Or Better?! training flyer H/T and photo by Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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"we can do anything" ToS might be unconscionable, providing remedy for loss of music

Posted on November 3, 2014 by

MacKinnon v. IMVU, Inc., No. H039236  (Cal. Ct. App. Oct. 30, 2014) MacKinnon sued IMVU, which runs an entertainment service, the “instant messaging virtual universe,” alleging that IMVU deceived users about music purchases and wrongfully restricted users’ ability to play … Continue reading →

Posted in california, consumer protection, contracts, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Insufficient deviation from FDA label and lack of materiality doom false ad claims

Posted on November 3, 2014 by

Apotex Inc. v. Acorda Therapeutics, Inc., 2014 WL 5462547, No. 11 Civ. 8803 (S.D.N.Y. Oct. 23, 2014) Zanaflex tablets and capsules (active ingredient tizanidine) are approved by the FDA to treat spasticity.  Somnolence is one of the most common side … Continue reading →

Posted in fda, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment