Monthly Archives: March 2015

court certifies 11 state classes in "All Natural" challenge

In re ConAgra Foods, Inc., No. CV 11–05379, 2015 WL 1062756 (C.D. Cal. Feb. 23, 2015)   I’ve tried to limit discussion of many issues in this huge opinion (40,000 words without footnotes). Plaintiffs, consumers from eleven different states, alleged … Continue reading

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9th Circuit reverses preemption finding in consumer protection case

Reid v. Johnson & Johnson, 2015 WL 1089583, No. 12–56726, — F.3d – (9th Cir. Mar. 13, 2015)   Reid sued defendants (here J&J) based on claims about Benecol, a vegetable oil-based spread sold as a healthy substitute for butter … Continue reading

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Insurance misrepresentations could ground claims against Uber/Lyft

Greater Houston Transportation Co. v. Uber Technologies, Inc., 2015 WL 1034254, No. 4:14–0941 (S.D. Tex. Mar. 10, 2015)   Taxi permit holders in Houston and San Antonio sued Uber and Lyft for tortious interference with business relations, unfair competition, and … Continue reading

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It’s possible to violate the right of publicity intentionally but innocently

Jordan v. Jewel Food Stores, Inc., No. 10-c-340 (N.D. Ill. Mar. 12, 2015)   Jewel took out a page in a commemorative issue of Sports Illustrated congratulating Michael Jordan on his 2009 induction into the Hall of Fame.  Time asked … Continue reading

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Transformative work of the day, kaleidoscope edition

Ad Roulette: match audio from one ad with video from another and see what develops. Bonus question: unfixed derivative work?  Or something else? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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New paper: response to Fishman’s Creating Around Copyright

Joseph Fishman’s article Creating Around Copyright was just published in the Harvard Law Review. Abstract: It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view … Continue reading

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Past falsity is no guarantee of present results

Dyson, Inc. v. Euro-Pro Operating LLC, No. 14-cv-09442 (N.D. Ill. Mar. 10, 2015)   I’m going to try to go light on the details of the tests here, featuring evaluations of vacuums’ carpet cleaning power.  Bottom line: while Dyson brought … Continue reading

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art collector lacks remedy against foundation’s claim of inauthenticity

Bilinski v. Keith Haring Foundation, Inc., 2015 WL 996423, No. 14cv1085 (S.D.N.Y. Mar. 6, 2015)   Keith Haring was a “prolific artist and social activist whose work responded to the New York City street culture of the 1980s.”  Plaintiffs alleged … Continue reading

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Foie gras as speech? even so, it can still be challenged under UCL

Animal Legal Defense Fund v. LT Napa Partners LLC, 2015 WL 1004423, No. A139625 (Cal. Ct. App. Mar. 5, 2015   ALDF sued LT Napa alleging that defendants sold foie gras in their Napa restaurant in violation of California’s law … Continue reading

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Copyright preemption bars athletes’ right of publicity claims against photo sales

Maloney v. T3Media, Inc., No. 14-cv-05048 (C.D. Cal. Mar. 6, 2015)   Plaintiffs, members of the Catholic University basketball team from 1997 until 2001, sued T3, which provides cloud-based storage, hosting and licensing services for digital content uploaded by third-parties. … Continue reading

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