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Monthly Archives: March 2018
YouTube’s claims about allowing free speech are merely puffery, court holds
Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading
YouTube’s claims about allowing free speech are merely puffery, court holds
Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading
Open legal question doesn’t preclude fees award where manner of litigating is exceptional
Tobinick v. Novella, 884 F.3d 1110 (11th Cir. 2018) The court of appeals held that the Octane Fitness standard for “exceptional cases” applied to Lanham Act cases, and that the District Court here didn’t abuse its discretion in awarding attorney’s … Continue reading
Walmart’s allegedly secret customer return blacklist could be misleading, unfair
Maestas v. Wal-Mart Stores, Inc., No. 16-cv-02597-KJM-KJN, 2018 WL 1518762 (E.D. Cal. Mar. 28, 2018) Maestas allegedly bought a car battery from Wal-Mart that purportedly came with a replacement and refund warranty. When the battery malfunctioned and he tried to … Continue reading
reasonable consumers might not know just how big Apple iOS 8 is
Orshan v. Apple Inc. 2018 WL 1510202, No. 14-cv-05659-EJD (N.D. Cal. Mar. 27, 2018) The plaintiffs bought iPhones and iPads with 16 GB capacity running earlier versions of iOS, which they later upgraded to iOS 8, which used anywhere from … Continue reading
reading list: parody takedowns on Google
Erickson, K. & Kretschmer, M. (2018) ‘This Video is Unavailable’: Analyzing Copyright Takedown of User-Generated Content on YouTube. Journal of Intellectual Property, Information Technology and ECommerce Law (JIPITEC), 9(1). From the abstract: This research investigates factors that motivate takedown of … Continue reading
Supplement review guide not disguised advertising despite cozy relationship with one manufacturer
Ariix, LLC v. Nutrisearch Corp., No. 17CV320, 2018 WL 1456928 (S.D. Cal. Mar. 23, 2018) Ariix competes with Usana Health Sciences in the nutritional supplement market. NutriSearch publishes the NutriSearch Comparative Guide to Nutritional Supplements, “a guide to nutritional products … Continue reading
Feud lawsuit foiled, but questions about transformativeness remain
De Havilland v. FX Networks, LLC, No. B285629 (Cal. Ct. App. Mar. 26, 2018) Reversing the trial court’s refusal to dismiss Olivia de Havilland’s right of publicity and false light claims against FX’s show Feud, the California court of appeals … Continue reading
Crackers don’t matter? Goldfish v. whale
I bought these for a party and had a student indicate that she experienced initial misrecognition in the bowl (hard to say “interest” because she wasn’t the purchaser). Would any orange cracker that isn’t square risk confusion with Goldfish crackers? … Continue reading
Transformative work of the day, admissions edition
An eagle-eyed (no pun intended) student spotted this admissions video from Boston College with a distinctly Harry Potter flavor. Or maybe that ought to be Hermione Granger. from Blogger https://ift.tt/2I5haqk
Rebecca Tushnet 