Monthly Archives: May 2019

Placebo effect is ok by CLRA: Homeopathic remedy wins jury trial on false advertising, still needs to defend against “unfairness”

Allen v. Hylands, Inc., — Fed.Appx. —-, 2019 WL 2142843, No. 17-56184 (9th Cir. May 15, 2019) Allen, on behalf of a class, appealled following a jury’s verdict in favor of Hyland’s. “The gravamen of [Allen’s] claims is that Hyland’s … Continue reading

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call for law student papers: Harvard J of Law & Tech

Harvard Journal of Law & Technology Student Note Submission Deadline: June 17, 2019 The Harvard Journal of Law and Technology (JOLT) is excited to announce our student note submission is open for our Fall 2019 issue. Submissions should be 4,000 … Continue reading

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AARP endorsement of insurer doesn’t inherently represent that AARP chose disinterestedly

Levay v. AARP, Inc., 2019 WL 2108124, No. 17-09041 DDP (PLAx) (C.D. Cal. May 14, 2019) Plaintiffs are AARP members who allege to have “joined and paid to be AARP members” after being allegedly “induced … through unlawful, misleading and/or … Continue reading

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blog posts on company’s site are “commercial advertising or promotion” under Lanham Act

Luminati Networks Ltd. v. BIScience Inc., 2019 WL 2084426, No. 18-CV-00483-JRG (E.D. Tex. May 13, 2019) Mostly a jurisdictional challenge; the court found it had specific personal jurisdiction over Luminati’s claims for patent infringement and false advertising and supplemental jurisdiction … Continue reading

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law firm alleging clients lost to competitor satisfies Lexmark, in part

Brave Law Firm, LLC v. Truck Accident Lawyers Group, Inc., No. 17-1156-EFM-JPO, 2019 WL 2073872 (D. Kan. May 10, 2019) Brave, a personal injury firm, sued various parties for violating the Lanham Act and Kansas state law.   It alleged … Continue reading

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CopyrightX: Article 13

Panel Two: Online Service Providers, Automated Anti-piracy Systems, and Article 13 [like CDA 230, it may never lose the initial number even if it no longer fits the statutory numbering] Moderator: Jennifer Esch Giancarlo Frosio: Copyright and Article 13 Summary … Continue reading

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CopyrightX: UGC panel

Panel One: User-generated Content, Digital Labor, and Collaborative Authorship Moderator: Bethany Rabe Rebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative Expression Title assigned a few months ago is a little misleading because I actually wanted to take the opportunity … Continue reading

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