Monthly Archives: September 2019

calling NBC’s lawyers: gold company can claim #1 rank by Today Show, can’t make additional misrepresentations

Express Gold Cash, Inc. v. Beyond 79, LLC, 2019 WL 4394567, No. 18-cv-00837 EAW (W.D.N.Y. Sept. 13, 2019) The parties are two of the top competitors in the market for nationwide mail-in precious metals purchases. When a customer mails in … Continue reading

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Use of under 10% of photos in catalogue raisonné was fair use

De Fontbrune v. Wofsy, No. 5:13-cv-05957-EJD (N.D. Cal. Sept. 12, 2019) De Fontbrune first sued defendants in France in the late 1990s for publishing a book, The Picasso Project, which reproduced photographs of Picasso’s works. (Defendants allegedly used over 1400 … Continue reading

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Not worth a hill of beans: can label showing mound of beans plausibly misleads

Beckman v. Arizona Canning Co., 2019 WL 4277393, No. 16-cv-02792-JAH-BLM (S.D. Cal. Sept. 9, 2019) If the can shows lots of whole, plump beans, but the ingredients list puts water first, is there a plausible deception claim? The court here … Continue reading

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ownership/control of whole company isn’t enough for individual liability under FTCA

F.T.C. v. Quincy Bioscience Holding Co., 389 F. Supp. 3d 211 (S.D.N.Y. 2019) On remand from the Second Circuit, which fixed the mistaken earlier dismissal of this claim against a supplement seller, a principal gets off the hook (for now) … Continue reading

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9th Circuit drives big hole through 230(c)(2) immunity

Enigma Software Group USA, LLC v. Malwarebytes, Inc., — F.3d —-, 2019 WL 4315152, No. 17-17351 (9th Cir. Sept. 12, 2019) Section 230(c)(2) “immunizes computer-software providers from liability for actions taken to help users block certain types of unwanted, online … Continue reading

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Reading list: Cheating Pays

Emily Kadens, Cheating Pays, 119 Columbia Law Review 527 (2019) Common private-ordering theories predict that merchants have an incentive to act honestly because if they do not, they will get a bad reputation and their future businesses will suffer. In … Continue reading

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You know antitrust law is failing when …

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