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Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
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Monthly Archives: December 2017
I’m a judge, not a media theorist, Jim: NFU doesn’t protect use of Dr. Seuss font in mashup case
Dr. Seuss Enterprises, L.P. v. ComicMix LLC, No. 16-CV-2779 (C.D. Cal. Dec. 7, 2017) Though the court dismissed the first trademark/copyright infringement complaint against this Star Trek/Dr. Seuss mashup, the amended complaint survives. Copyright: It’s still transformative, but the complaint … Continue reading
DMCA exemption survey: for vidders and other remixers
Take an 8-minute survey and help make the #DMCA decryption exemptions more user-friendly for vidders: bit.ly/2nEfY8j from Blogger http://ift.tt/2nSexmN
Sazerac will pay fees for its buffalo stance
Sazerac Company, Inc. v. Fetzer Vineyards, Inc., 2017 WL 6059271, No. 15-cv-04618 (N.D. Cal. Dec. 7, 2017) The court here awards defendants its fees for proceeding past summary judgment in this trademark infringement case. “This was an exceptionally weak case,” … Continue reading
Roundtable: The Right of Publicity in New York, St. John’s University
An Academic Discussion of Policy Choices in Designing a Publicity/Privacy Rights Regime: Rothman, Buccafusco, & Tushnet The roundtable is on the proposed changes to NY’s ROP, which are very extensive. [I didn’t take notes early on, sorry, but Prof. Rothman … Continue reading
Court says shoo to Scat’s infringement claim against Dodge
Scat Enterprises, Inc. v. FCA US LLC, 2017 WL 5896182, No. CV 14-7995 (C.D. Cal. Jun. 8, 2017) Scat, a maker of aftermarket car parts, sued over FCA’s use of “Scat Pack” in connection with its Dodge Challenger and Dodge … Continue reading
Everything’s legal in Jersey: NJ SCt makes class certification harder in price disclosure case
Dugan v. TGI Fridays, Inc., 171 A.3d 620 (N.J. 2017) Plaintiffs alleged that the defendants failed to fairly disclose prices charged to customers for alcoholic and non-alcoholic beverages. The New Jersey Supreme Court held that one set of plaintiffs failed … Continue reading
Tick tick boom: Lyme-blocking claim avoids preliminary injunction
Merial, Inc. v. Zoetis, Inc., 2017 WL 4466471, No. 1:17-CV-1624 (N.D. Ga. Jun. 6, 2017) Thorough discussions of the effect of disclaimers on literal falsity/misleadingness are rare, so this one is useful. Merial makes NexGard, flea-and-tick removal treatments; the latter … Continue reading
showing falsity of a noncomparative “tests prove” claim
Strategic Partners Inc. v. Vestagen Protective Techs., Inc., 2017 WL 5897711, No. 16-CV-05900 (C.D. Cal. Jul. 31, 2017) Vestagen sells specialty textiles for healthcare applications, while SPI sells medical apparel; their medical garments with antimicrobial fabrics compete. Vestagen alleged the … Continue reading
Rebecca Tushnet 