Monthly Archives: April 2017

California Supreme Court finds waiver of statutory remedies unenforceable even as part of arbitration

Posted on April 10, 2017 by rtushnet

McGill v. Citibank, N.A., No. S224086, 2017 WL 1279700 (Cal. Apr. 6, 2017) Statutory remedies available for a violation of the CLRA, UCL, and FAL include public injunctive relief: injunctive relief that has “the primary purpose and effect of prohibiting … Continue reading →

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

Lexmark injury requirement no bar to competitor’s standing at pleading stage

Posted on April 6, 2017 by rtushnet

Crocs, Inc. v. Effervescent, Inc., 2017 WL 1229707,  No. 06–cv–00605 (D. Colo. Mar. 31, 2017) Crocs sued Effervescent for patent infringement; in 2006, defendants moved to stay the case pending ITC proceedings.  In 2015, defendant Dawgs moved to reopen the … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Copyright preemption and the right of publicity in the 9th Circuit

Posted on April 6, 2017 by rtushnet

Maloney v. T3Media, Inc., No.15-55630 (9th Cir. Apr. 5, 2017) Welp, the Ninth Circuit manages to gum things up again in the right of publicity/copyright intersection.  To the extent that, post-Reed, the right of publicity has to survive strict scrutiny … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

interpreting state law narrowly, court denies bad faith patent assertion claim

Posted on April 4, 2017 by rtushnet

Digital Ally, Inc. v. Utility Associates, Inc., 2017 WL 1197561, No. 14-2262-CM (D. Kan. Mar. 30, 2017) The parties compete in the market for in-car video and surveillance systems (which makes the court’s conclusion below that they’re not competitors a … Continue reading →

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

Incontestability challenge raised too late, court rules

Posted on April 3, 2017 by rtushnet

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A., No. 11-1623 (D.D.C. Mar. 30, 2017) Some mention of my previous blogging on the issue, but that doesn’t matter to the ultimate result (though the court at least notices the incontestability … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

NY class certified in “flushable” wipes case with statutory damages available

Posted on April 3, 2017 by rtushnet

Kurtz v. Kimberly-Clark Corp., No. 14-CV-1142 et al., 2017 WL 1155398, — F.Supp.3d —- (E.D.N.Y. Mar. 27, 2017) (not effective until April 10, 2017) (I suspect this is another way for the judge to say “get this out of my … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Appraisals are opinions, not facts

Posted on April 3, 2017 by rtushnet

Collins v. Travers Fine Jewels Inc., 2017 WL 1184305, 16-CV-03780 (S.D.N.Y. Mar. 29, 2017) Collins sued Travers for breach of contract, violations of the Uniform Commercial Code, fraudulent misrepresentation, negligence, fraud, unfair and deceptive trade practices, and false advertising.  Defendants … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment