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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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Meta
Monthly Archives: March 2015
court refuses to enjoin consumer protection law on First Amendment grounds
Loan Payment Administration LLC v. Hubanks, 2015 WL 1245895, No. 14-CV-04420 (N.D. Cal. Mar. 17, 2015) A misinterpretation of nominative fair use mars this otherwise quite sensible rejection of a First Amendment challenge to a consumer protection law. … Continue reading
And another commercial advertising or promotion case, no competition required
Educational Impact, Inc. v. Danielson, No. 14–937, 2015 WL 381332 (D.N.J. Jan. 28, 2015) EI sued Charlotte Danielson and other entities for breach of contract, violations of the Lanham Act, unfair competition, tortious interference, and unjust enrichment. Per the … Continue reading
commercial advertising or promotion post-Lexmark
Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 1191267 (S.D. Fla. Mar. 16, 2015) Steven Novella wrote two articles criticizing the practice of Edward Tobinick, “a doctor who provides medical treatment to patients with ‘unmet medical needs’ via two institutes—‘Edward … Continue reading
Materials on privacy and surveillance
Terry Diggs, an adjunct at U.C. Hastings Law, alerted me to a website she put together for a privacy/surveillance website with both text and video materials of possible interest to teachers of the subject. (See the video and MCLE sections … Continue reading
Posted in privacy
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picture of refurbished equipment wasn’t literally false passing off
Stolle Machinery Co., LLC v. RAM Precision Industries, — Fed.Appx. —-, 2015 WL 1137429, No. 13–4103 (6th Cir. Mar. 16, 2015) Stolle makes used to produce food and beverage cans. Stolle’s former employee, Shu An moved back to China, … Continue reading
Amicus brief in Dryer v. NFL
Mark McKenna and I drafted a law professors’ amicus in Dryer v. NFL, a right of publicity case now on appeal in the 8th Circuit. We argued for a strong First Amendment standard for non-advertising speech as well as for … Continue reading
Pleading around Dastar?
Kowalski v. Anova Food, LLC, 2014 WL 8105172, No. 11–00795 (D. Hawai’i Dec. 31, 2014) Kowalski owns a patent entitled “Process For Manufacturing Tasteless Super–Purified Smoke For Treating Seafood To Be Frozen And Thawed.” He sued Anova for patent … Continue reading
How does the doctrine of foreign equivalents apply to scandalousness?
Restaurant with questionable name opens in Arlington. Unregistrable? HT Zach Schrag http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Posted in trademark
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