Monthly Archives: August 2017

#1 is puffery, but 2-to-1 preference claims aren’t

Trex Co. v. CPG Int’l LLC, No. 17-cv-00005, 2017 WL 3272013 (W.D. Va. Aug. 1, 2017) Trex sued defendant AZEK, its major competitor in the wood-alternative decking industry, for false advertising.  Trex has the largest market share and largest amount … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

#1 is puffery, but 2-to-1 preference claims aren’t

Trex Co. v. CPG Int’l LLC, No. 17-cv-00005, 2017 WL 3272013 (W.D. Va. Aug. 1, 2017) Trex sued defendant AZEK, its major competitor in the wood-alternative decking industry, for false advertising.  Trex has the largest market share and largest amount … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Post-Star Athletica question: input sought

Is this shoe design copyrightable, yes or no?  Not just the arrangement of studs, but the overall design. from Blogger http://ift.tt/2v4Ubqd

Posted in Uncategorized | Tagged | Leave a comment

A few more ICE tidbits courtesy of FOIA

As the result of ICE’s continued production, I’ve been able to review more from the sample of incidents we sought.  The key takeaways so far have already been covered–TM owners are the source of guidance, and they overreach, but most … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Reading list: worthwhile terms of service?

David A. Hoffman, Relational Contracts of Adhesion Abstract: Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

The South (Butt) remembers

Via Mark Lemley. How should this fare? Better than the Starks, one hopes. from Blogger http://ift.tt/2f8I3kg

Posted in Uncategorized | Tagged | Leave a comment