Monthly Archives: April 2015

Reading list: class ascertainability & preemption of state sound recording public perf. rights

Posted on April 21, 2015 by rtushnet

Geoffrey C. Shaw, Class Ascertainability, forthcoming, Yale Law J. (2015) Abstract:   In recent years, federal courts have been enforcing an “implicit” requirement for class certification, in addition to the explicit requirements established in Rule 23 of the Federal Rules … Continue reading →

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Reading list: class ascertainability & preemption of state sound recording public perf. rights

Posted on April 21, 2015 by rtushnet

Geoffrey C. Shaw, Class Ascertainability, forthcoming, Yale Law J. (2015) Abstract:   In recent years, federal courts have been enforcing an “implicit” requirement for class certification, in addition to the explicit requirements established in Rule 23 of the Federal Rules … Continue reading →

Posted in class actions, copyright, http://schemas.google.com/blogger/2008/kind#post, preemption, reading list | Leave a comment

2(a) avoids First Amendment challenge, for now

Posted on April 21, 2015 by rtushnet

In re Tam, — F.3d –,  No. 2014-1203 (Fed. Cir. Apr. 20, 2015)   The Federal Circuit affirmed the refusal to register THE SLANTS for entertainment (a band) because it was disparaging, with “additional views” from one judge suggesting that … Continue reading →

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2(a) avoids First Amendment challenge, for now

Posted on April 21, 2015 by rtushnet

In re Tam, — F.3d –,  No. 2014-1203 (Fed. Cir. Apr. 20, 2015)   The Federal Circuit affirmed the refusal to register THE SLANTS for entertainment (a band) because it was disparaging, with “additional views” from one judge suggesting that … Continue reading →

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Regression damages model fails to convince court

Posted on April 20, 2015 by rtushnet

Reed Const. Data Inc. v. McGraw-Hill Companies, Inc., — F.Supp.3d —-, 2014 WL 4746130, No. 09–CV–8578 (S.D.N.Y. Sept. 24, 2014)   Reed sued McGraw-Hill for violations of the Lanham Act, the Sherman Act, and various state law torts. The parties … Continue reading →

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Third Circuit clarifies its ascertainability rule but doesn’t remove it

Posted on April 20, 2015 by rtushnet

Byrd v. Aaron’s Inc., 2015 WL 1727613, No. 14–3050 (3d Cir. Apr. 16, 2015)   The Byrds filed a putative class action against Aaron’s for violating the Electronic Communications Privacy Act of 1986. The court of appeals reversed the district … Continue reading →

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Territoriality is no bar to keeping up with the Kardashians in Kroma dispute

Posted on April 20, 2015 by rtushnet

Kroma Makeup EU, Ltd. v. Boldface Licensing Branding, Inc., No. 6:14–cv–1551, 2015 WL 1708757 (M.D. Fla. Apr. 15, 2015)   A foreign licensee of a US trademark sued US citizens for alleged infringement abroad, and sued its licensor for refusing … Continue reading →

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Lanham Act injunctive relief available without proof of injury

Posted on April 20, 2015 by rtushnet

Cascade Yarns, Inc. v. Knitting Fever, Inc., 2015 WL 1735517, No. C10–861 (W.D. Wash. Apr. 15, 2015)   This is another round of an “extensive” lawsuit between the parties, who compete to sell yarn. Relevant here are Cascade’s claims against … Continue reading →

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Regression damages model fails to convince court

Posted on April 20, 2015 by rtushnet

Reed Const. Data Inc. v. McGraw-Hill Companies, Inc., — F.Supp.3d —-, 2014 WL 4746130, No. 09–CV–8578 (S.D.N.Y. Sept. 24, 2014)   Reed sued McGraw-Hill for violations of the Lanham Act, the Sherman Act, and various state law torts. The parties … Continue reading →

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

Third Circuit clarifies its ascertainability rule but doesn’t remove it

Posted on April 20, 2015 by rtushnet

Byrd v. Aaron’s Inc., 2015 WL 1727613, No. 14–3050 (3d Cir. Apr. 16, 2015)   The Byrds filed a putative class action against Aaron’s for violating the Electronic Communications Privacy Act of 1986. The court of appeals reversed the district … Continue reading →

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