Monthly Archives: November 2015

estimated retail value claim isn’t puffery

Posted on November 5, 2015 by rtushnet

Kabbash v. Jewelry Channel, Inc. USA, 2015 WL 6690236 (C.D. Cal. Nov. 2, 2015)   Holding of most general interest: “Estimated retail value” statements and statements of discount or savings amounts at check-out where the discount calculations were based on … Continue reading →

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Transformative work of the day, Star Wars (not extended) edition

Posted on November 5, 2015 by rtushnet

Galactic History, or Galactic Folk Tale?, by Max Gladstone/Doctor Flox Beelthrak & Djane Lel (PS: Fantasy fans, check out Gladstone’s Craft series, where magic works like law, in that magicians are litigators and contract drafters, and loopholes can do you … Continue reading →

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Cert petition in right of publicity case

Posted on November 5, 2015 by rtushnet

I joined this brief in support of cert in EA v. Davis, as Jennifer Rothman reports. from Blogger http://ift.tt/1PpDQ4c

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Every Single Word, spoken no longer due to abusive copyright claim

Posted on November 4, 2015 by rtushnet

Dylan Marron’s “Every Single Word Spoken by a Person of Color in [X]” series, where X is a mainstream film, is a powerful indictment of popular culture.  Too powerful for Warner Brothers when it came to Gone With the Wind, apparently, … Continue reading →

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When does “no contract” mean “mandatory arbitration contract”?

Posted on November 4, 2015 by rtushnet

Barraza v. Cricket Wireless LLC, 2015 WL 6689396, No. C 15-02471 (N.D. Cal. Nov. 3, 2015)   Cricket advertised a “No Contract” wireless phone plan with an arbitration clause in its purported contract terms.  As Omri Ben-Shahar pointed out, advertising … Continue reading →

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In which I read the proceedings of the 2009 Fordham IP conference

Posted on November 3, 2015 by rtushnet

Intellectual Property Law &; Policy, Vol. 12, ed. Hugh Hansen: Proceedings from a 2009 conference by a high-protectionist, with occasional interventions from people who don’t believe that more IP is always better. Confirms my belief that it’s a bad idea … Continue reading →

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Only connect: security company enjoined from false association with ADT

Posted on November 2, 2015 by rtushnet

ADT, LLC v. Capital Connect, Inc., 2015 WL 6549277, No. 3:15-CV-2252 (N.D. Tex. Oct. 28, 2015)   ADT provides electronic security services and equipment to nearly one quarter of those American homes that are equipped with alarm systems. It sued … Continue reading →

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In which I win a motion to intervene

Posted on November 2, 2015 by rtushnet

Actually, my fine attorneys at Public Citizen have prevailed in my motion to intervene in SanMedica v. Amazon, the case in which the court found sufficient evidence of likely confusion under the 10th Circuit’s 1-800 Contacts rule without telling us … Continue reading →

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Reading list: trademark standing after Lexmark

Posted on November 2, 2015 by rtushnet

John L. Brennan, Determining Trademark Standing in the Wake of Lexmark, 90 Notre Dame L. Rev. 1691 (2014). I like it:   Although the Court’s decision in Lexmark has resolved the debate over the issue of standing for false advertising … Continue reading →

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