Monthly Archives: March 2017

Unrelated cy pres recipient and disfavored coupon offer doom settlement approval

Posted on March 9, 2017 by rtushnet

Hofmann v. Dutch LLC, No. 14-cv-02418, 2017 WL 840646 (S.D. Cal. Mar. 2, 2017) The court rejected plaintiff’s unopposed third motion for preliminary approval of the proposed class settlement in this case involving allegedly false “Made in the USA” claims … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

“imported” Sapporo isn’t confusing as a matter of law given clear disclosure of Canadian origin

Posted on March 9, 2017 by rtushnet

Bowring v. Sapporo U.S.A., Inc., 2017 WL 902151, — F.Supp.3d —-, No. 16-CV-1858 (E.D.N.Y. Feb. 10, 2017) Bowring sued Sapporo under the GBL and similar state law claims, alleging that it created a misleading impression that Sapporo beer is a … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Court trebles damage award based on willful false advertising, over advisory jury verdict

Posted on March 9, 2017 by rtushnet

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, No. 3:14CV00016, 2017 WL 837688 (W.D. Va. Mar. 2, 2017) A jury found that Method engaged in false advertising; that Concordia was entitled to $733,200.00 in actual or compensatory damages; and that the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

“same quality as Made in USA” is not puffery, says magistrate

Posted on March 9, 2017 by rtushnet

University Loft Co. v. Blue Furniture Solutions, LLC, 2017 WL 876312, NO. A–15–CV–826 (W.D. Tex. Mar. 3, 2017) (report and recommendation of magistrate judge) University sued Blue alleging false advertising and trademark infringement under the Lanham Act, unfair competition under … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Reading list: IP in the criminal justice system

Posted on March 9, 2017 by rtushnet

Rebecca Wexler, Life, Liberty, and Trade Secrets: Intellectual Property in the Criminal Justice System Abstract From policing to evidence to parole, data-driven algorithmic systems and other automated software programs are being adopted throughout the criminal justice system. The developers of … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Reading List: Brian Frye, Invention of a Slave

Posted on March 7, 2017 by rtushnet

Reading list: Brian L. Frye, Invention of a Slave Abstract: On June 10, 1858, the Attorney General of the United States issued an opinion concluding that a machine invented by a slave could not be patented, because neither the slave … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Terms and Conditions

Posted on March 7, 2017 by rtushnet

Reading list: new comic book, Terms and Conditions: transformative work of the day, using iTunes’ terms and conditions combined with illustrations in the style of various comic artists. Steve Jobs as Joe Cool Tumblr here. from Blogger http://ift.tt/2lYN5hJ

Posted in Uncategorized | Tagged , , | Leave a comment

Clearblue’s corrective advertising not so clear

Posted on March 6, 2017 by rtushnet

Via Alex Roberts: As she said, only a lawyer could love it–also that URL; who’d type that in? from Blogger http://ift.tt/2muAYMc

Posted in Uncategorized | Tagged , | Leave a comment

Another fake discount allegation survives challenge to plaintiff’s theory of harm

Posted on March 4, 2017 by rtushnet

Munning v. The Gap, Inc., 2017 WL 733104, No.16-cv-03804 (N.D. Cal. Feb. 24, 2017) Munning bought a pair of swim trunks from the Gap Factory retail website, and one dress and one sweater from the Banana Republic Factory website, each … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Reading list, good titles edition

Posted on March 4, 2017 by rtushnet

Kacy Popyer. Note. CACHE-22: the fine line between information and defamation in Google’s autocomplete function. 34 Cardozo Arts &; Ent. L.J. 835-861 (2016) But why no publicly available copy, Cardozo Arts & Ent. L.J.? from Blogger http://ift.tt/2mnSSAP

Posted in Uncategorized | Tagged , , | Leave a comment