Monthly Archives: May 2015

Reading list: James Grimmelmann on Lauren Willis

Posted on May 15, 2015 by rtushnet

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis: Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go … Continue reading →

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ascertainability defeats class but EULA doesn’t

Posted on May 15, 2015 by rtushnet

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015)   Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’”  The … Continue reading →

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Reading list: James Grimmelmann on Lauren Willis

Posted on May 15, 2015 by rtushnet

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis: Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go … Continue reading →

Posted in contracts, reading list | Leave a comment

ascertainability defeats class but EULA doesn’t

Posted on May 15, 2015 by rtushnet

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015)   Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’”  The … Continue reading →

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

New Jersey court rejects ascertainabilty requirement for class actions

Posted on May 14, 2015 by rtushnet

Daniels v. Hollister Co., — A.3d —-, 2014 WL 8808428, No. A–3629–13T3 (N.J. Super. Ct. App. Div. May 13, 2015)   Of interest because it’s a state court within the Third Circuit rejecting that circuit’s view of “ascertainability” in class … Continue reading →

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New Jersey court rejects ascertainabilty requirement for class actions

Posted on May 14, 2015 by rtushnet

Daniels v. Hollister Co., — A.3d —-, 2014 WL 8808428, No. A–3629–13T3 (N.J. Super. Ct. App. Div. May 13, 2015)   Of interest because it’s a state court within the Third Circuit rejecting that circuit’s view of “ascertainability” in class … Continue reading →

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

Prior proceedings: no confusion where defendant existed for 100 years

Posted on May 14, 2015 by rtushnet

Sovereign Military Hospitaller Order of Saint John v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John, 2014 WL 8804752, No. 09–81008–CIV (S.D. Fla. Aug. 19, 2014)   Westlaw just coughed this one up and I … Continue reading →

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No need to name competitor if context does

Posted on May 14, 2015 by rtushnet

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2015 WL 2208198,  No. 14 CV 9754 (N.D. Ill. May 8, 2015)   The parties are the leading manufacturers and suppliers of fuel dispensing filters in the United States. “Fuel dispensing filters … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Prior proceedings: no confusion where defendant existed for 100 years

Posted on May 14, 2015 by rtushnet

Sovereign Military Hospitaller Order of Saint John v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John, 2014 WL 8804752, No. 09–81008–CIV (S.D. Fla. Aug. 19, 2014)   Westlaw just coughed this one up and I … Continue reading →

Posted in trademark | Leave a comment

No need to name competitor if context does

Posted on May 14, 2015 by rtushnet

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2015 WL 2208198,  No. 14 CV 9754 (N.D. Ill. May 8, 2015)   The parties are the leading manufacturers and suppliers of fuel dispensing filters in the United States. “Fuel dispensing filters … Continue reading →

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