Monthly Archives: February 2016

Reading list: the class action as trust

Posted on February 16, 2016 by rtushnet

Sergio J. Campos, The Class Action as Trust.  Abstract: The class action is controversial because the class attorney can litigate or settle the claims of the class members without their consent. Many scholars have turned to corporate law to address … Continue reading →

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seller-incentivized reviews might be misleading (and violate FTC guidelines)

Posted on February 16, 2016 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 538458, No. 13-CV-982 (D. Utah Feb. 9, 2016)   The parties (plaintiff d/b/a NutriGold and defendant d/b/a NatureWise) make and sell dietary supplements online, including on Amazon; their competing products  include one … Continue reading →

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Rules of Engagement for Valentine’s Day

Posted on February 12, 2016 by rtushnet

I talked about the rules of engagement for Valentine’s Day in this YouTube video from Georgetown. The Note on which this is based can be found here. from Blogger http://ift.tt/1PS0QtD

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Reading list: Feminist values in the Archive of Our Own

Posted on February 10, 2016 by rtushnet

Casey Fiesler et al. have written An Archive of Their Own: A Case Study of Feminist HCI and Values in Design (CHI 2016), a paper about feminist principles and human-computer interaction in the Archive of Our Own.  As a noncommercial … Continue reading →

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From tarnished financial brand to ashy whiskey?

Posted on February 8, 2016 by rtushnet

This story about Lehman Brothers whiskey is … well, it is what it is.  I’m not sure I’ve seen a similar use of an abandoned mark before. from Blogger http://ift.tt/1SEJYZX

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The rest is silence: #thatswhatshesaid goes on, redacted

Posted on February 8, 2016 by rtushnet

Here’s the story.  Apparently Pike just got another C&D from the holder of the rights in the play The Whipping Man, which is apparently represented in Pike’s work by the sound of 72 pages flipping (because there are no women in … Continue reading →

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Warning sign for the First Amendment: safety signs unconstitutional?

Posted on February 8, 2016 by rtushnet

PSEG Long Island LLC v. Town of North Hempstead, No. 15-cv-0222 (E.D.N.Y. Feb. 3, 2016)   Around the country, construction companies and similar businesses are routinely required to post warning signs of various sorts in order to proceed with their … Continue reading →

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California claims for injunctive relief can’t be remanded after CAFA removal

Posted on February 8, 2016 by rtushnet

Mezzadri v. Medical Depot, Inc., 113 F. Supp. 3d 1061 (S.D. Cal. 2015)   The rule against claim-splitting clashes with the injustice of the ability of a defendant to destroy a form of relief by removing a complaint from state … Continue reading →

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Notice and staydown: new slogan for a bad old idea

Posted on February 8, 2016 by rtushnet

The EFF on why the cleverly named “notice and staydown” proposals are actually just “filter everything” with a better slogan. from Blogger http://ift.tt/1TO0Bl1

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Empire down: Fox’s series protected no matter how confused consumers are

Posted on February 3, 2016 by rtushnet

Twentieth Century Fox Television, et al. v. Empire Distribution Inc., No. 15-2158 (C.D. Cal. Feb. 1, 2016)   Sometimes it’s nice to see the law work itself pure, as a court clears out some plaintiff-postulated ambiguities in Rogers v. Grimaldi.  … Continue reading →

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