Monthly Archives: April 2026

Panel 3: The Scope of Exclusive Rights and Modes of Enforcement

Posted on April 16, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Erik Stallman, UC Berkeley Law (Moderator) Christopher Sprigman, NYU Law: Restatement of ©: assumes perspective of common law court, attentive to and respectful of precedent … Continue reading →

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Posted on April 16, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Panel 2: The Role of the Author and the Acquisition and Duration of Their Rights Molly Van Houweling, UC Berkeley Law (Moderator) Tyler Ochoa, Santa … Continue reading →

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29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act: Origins of the Copyright Act

Posted on April 16, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act [apologies—seriously delayed flight means my notetaking will be bad.] Panel 1: Origins of the 1976 Copyright Act Peter Menell, UC Berkeley Law (Speaker and Moderator): … Continue reading →

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FTC mostly succeeds in avoiding dismissal of claims against Uber; states must replead

Posted on April 15, 2026 by rtushnet

Federal Trade Comm’n v. Uber Technol., Inc., 2026 WL 976077, No. 25-cv-03477-JST (N.D. Cal. Apr. 10, 2026) Since November 2021, Uber has offered a subscription plan called Uber One, typically $9.99 a month or $96 annually with automatic charging and … Continue reading →

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A thin record prevents ruling on a thin copyright

Posted on April 10, 2026 by rtushnet

Viann’K Mansur LLC v. Estiloisabella LLC, 2026 WL 952416, No. H-23-2914 (S.D. Tex. Feb. 26, 2026) “The parties in this case sell elaborate ball gowns for quinceanera parties, the celebration of a Latin American girl’s fifteenth birthday.” Defendant Etilolsabella LLC, … Continue reading →

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Reading list: The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment

Posted on April 9, 2026 by rtushnet

Alisher Juzgenbayev, The Vanishing Enforcer: Consumer Protection in an Era of Dual Retrenchment, 120 Nw. U. L. Rev. 1449 (2026). Abstract Recent developments, including reductions in the federal workforce, effective suspension of certain enforcement activities, and attempted centralization of independent … Continue reading →

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prefacing statements with “allegedly” or calling them “estimates” doesn’t make them nonfalsifiable opinion

Posted on April 9, 2026 by rtushnet

V Shred, LLC v. Kramer, 2026 WL 895614, No. 2:25-cv-01341-CDS-DJA (D. Nev. Apr. 1, 2026) V Shred is a health and wellness company specializing in “online exercise training programs, exercise apparel, and nutritional supplements.” Kramer is a social media influencer … Continue reading →

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two cases reach opposite results over whether “health” claims are misleading if products are lead-contaminated

Posted on April 8, 2026 by rtushnet

Lopez v. Mead Johnson Nutrition Co., 2026 WL 788492, No. 24-cv-03573-HSG (N.D. Cal. Mar. 20, 2026) Lopez alleged that Mead infant formulas’ packaging contains deceptive statements that imply that they are generally nutritious and have “no detrimental, harmful, or genetically … Continue reading →

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“carbon neutral” not plausibly misleading where D bought offsets from 3d-party certifiers, despite methodological disputes

Posted on April 8, 2026 by rtushnet

Bell v. R.J. Reynolds Vapor Co., 2026 WL 915295, No. 25-cv-04521-TLT (N.D. Cal. Feb. 20, 2026) Bell brought the usual California claims based on RJR’s alleged misrepresentation of its products’ carbon neutrality. The court dismissed the complaint. RJR labeled its … Continue reading →

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the continuing merger of TM and the right of publicity: court can’t tell the defenses apart

Posted on April 8, 2026 by rtushnet

Upper Deck Co. v. Pixels.com LLC, No. 3:24-cv-00923-BAS-DEB, 2026 WL 776227 (S.D. Cal. March 19, 2026) Eric Goldman’s discussion. Upper Deck makes sports memorabilia (including sports player trading cards), and has exclusive licensing agreements with various athletes, including famous basketball … Continue reading →

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