Monthly Archives: January 2024

no summary judgment on “non-toxic” and “Earth friendly”

Posted on January 30, 2024 by rtushnet

Bush v. Rust-Oleum Corp., 2024 WL 308263, No. 20-cv-03268-LB (N.D. Cal. Jan. 26, 2024) Bush alleged that Rust-Oleum falsely labeled of its “Krud Kutter” cleaning products as “non-toxic” and “Earth friendly.” Rust-Oleum sought summary judgment on the California consumer protection … Continue reading →

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New article: Three Sizes Fit Some: Why Content Regulation Needs Test Suites

Posted on January 25, 2024 by rtushnet

 At the Berkeley Tech LJ:  ABSTRACT The European Union’s Digital Services Act (DSA) offers a new model for regulating online services that allow users to post things. It uses size-based tiers to delineate the different levels of obligation imposed on various … Continue reading →

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Reading list: geolocation data increased incivility online

Posted on January 19, 2024 by rtushnet

Civilizing social media: The effect of geolocation on the incivility of news comments Yufan Guo, Yuhan Li, and Tian Yang, New Media & Society (2023) Abstract Many social media affordances can affect the quality of online discourse, but such an effect remains understudied for the … Continue reading →

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mistaken calls from nonpurchasers have little weight in real estate TM case

Posted on January 19, 2024 by rtushnet

Rampart Resources, Inc. v. Rampart/Wurth Holding, Inc., 2024 WL 195999, No. 23-6895 (E.D. La. Jan. 18, 2024) The court, grappling with the Fifth Circuit’s rather inconsistent law on misdirected communications, denies a preliminary injunction (subject easily guessable by party names). … Continue reading →

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Reading list: Trademarks in an Algorithmic World

Posted on January 18, 2024 by rtushnet

 “Consumers used to watch ads; now, ads watch them.” So says Christine Haight Farley in her intriguing new article. Christine Haight Farley, Trademarks in an Algorithmic World, 98 Wash. L. Rev. 1123 (2023).  Abstract:  According to the sole normative foundation … Continue reading →

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prospective injunctive relief for consumers hangs on in 9th Circuit for now

Posted on January 18, 2024 by rtushnet

Clark v. Eddie Bauer LLC, 2024 WL 177755, No. 21-35334 (9th Cir. Jan. 17, 2024) This unpublished opinion has a dissent from Judge Bea indicating further disruptions in standing may be coming. Clark appealed the dismissal of her putative class … Continue reading →

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call for submissions: Harvard/Stanford/Yale Junior Faculty Forum, June 3-4, 2024

Posted on January 18, 2024 by rtushnet

 Request for Submissions Harvard/Stanford/Yale Junior Faculty Forum June 3-4, 2024, Stanford Law School Harvard, Stanford, and Yale Law Schools are soliciting submissions for the 2024 Harvard/Stanford/Yale Junior Faculty Forum, to be held at Stanford Law School on June 3-4, 2024. … Continue reading →

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over dissent, 6th Circuit holds that large player in fragmented market could show proximate cause under Lexmark

Posted on January 17, 2024 by rtushnet

Campfield v. Safelite Gp., Inc., — F.4th —-, 2024 WL 164976, Nos. 22-3204/3225 (6th Cir. Jan. 16, 2024) Over a dissent in relevant part, the court revived plaintiff Ultra Bond’s Lanham Act claim relating to vehicle glass repair and replacement … Continue reading →

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after experts excluded, slack fill class action fails

Posted on January 16, 2024 by rtushnet

Krause-Pettai v. Unilever United States, Inc., — F.Supp.3d —-, 2023 WL 6429805, No. 20-cv-1672-AGS-BLM (S.D. Cal. Sept. 30, 2023) This case is about “nonfunctional slack fill,” or useless empty space, inside underarm-deodorant sticks. The court rejected the claim on summary … Continue reading →

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new article w/Mark Lemley: First Amendment Neglect in SCOTUS IP Cases

Posted on January 16, 2024 by rtushnet

First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. Lemley & Rebecca Tushnet (forthcoming, Supreme Court Review) Abstract The Supreme Court decided two cases of central importance to free speech during the 2022 term – in both cases … Continue reading →

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