Author Archives: rtushnet

Literal falsity about independence of tests/test results supports $18 million in disgorgement (incl. interest)

Posted on April 11, 2019 by rtushnet

Dyson, Inc. v. SharkNinja Operating LLC, 2019 WL 1454509, No. 14 C 9442 (N.D. Ill. Mar. 31, 2019) Dyson sued SharkNinja in 2014 for false advertising.  SharkNinja won summary judgment except for Dyson’s literal falsity claim for the period from … Continue reading →

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burger case involves unclean hands (ew) and literal falsity about beef amounts

Posted on April 11, 2019 by rtushnet

In-N-Out Burgers v. Smashburger IP Holder LLC, 2018 WL 7891028, No. SACV 17-1474 JVS(DFMx) (C.D. Cal. Dec. 21, 2018) As relevant here, In-N-Out alleged that Smashburger falsely advertised its Triple Double hamburger as containing “Double the Beef” because the burger’s … Continue reading →

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statements about patent license status can violate Lanham Act’s false advertising provisions

Posted on April 9, 2019 by rtushnet

Au New Haven, LLC v. YKK Corp., No. 15-cv-3411-GHW-SN, 2019 WL 1437516 (S.D.N.Y. Mar. 31, 2019) Au holds the patent to a water-resistant zipper, and YKK had an exclusive “field of use” license that it allegedly exceeded, resulting in this … Continue reading →

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Section 512 roundtable, open mic

Posted on April 9, 2019 by rtushnet

Open mic Janis Pilch, Rutgers U: domestically it seems obvious that litigation on 512 can’t change the systemic problem of infringement and the impossibility for most rightsholders to litigate. 512 sets up a permanent conflict b/t service providers and rightsholders.  … Continue reading →

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Section 512 roundtable, part 4: International

Posted on April 8, 2019 by rtushnet

SESSION 4: International Developments      Carlo Scollo Lavizzari International STM Association: (Scientific Technical Medical publishers, also arts & humanities publications.) Internet hasn’t been static. Dynamic developments in Europe from platform liability and safe harbor to one of responsibility, not just from … Continue reading →

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Section 512 roundtable part 3

Posted on April 8, 2019 by rtushnet

SESSION 3: Domestic Developments             Richard James Burgess American Association of Independent Music: Not much different from 2016. Notice and takedown hasn’t helped with staydown; still need to send lots of notice. Optimistic about EU Copyright Directive. Alex Feerst Medium: … Continue reading →

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Section 512 Roundtable part two

Posted on April 8, 2019 by rtushnet

Jonathan Band Library Copyright Alliance: Motherless & Mavrix show problems with moderation –including compliance w/new EU rules—threatening to remove safe harbor. Sofia Castillo Association of American Publishers: still bad. Stephen Carlisle Nova Southeastern University: has one client, a small music … Continue reading →

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U.S. Copyright Office, Section 512 Study Roundtable

Posted on April 8, 2019 by rtushnet

Opening Remarks Karyn A. Temple, Register of Copyrights and Director, U.S. Copyright Office Nat’l and int’l changes since 2016 roundtable—looking for updates.  [Congrats on her first official event as Register!]  Tale of two cities: very different perspectives on how DMCA … Continue reading →

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“more predictive, consistent, stable” is puffery, but misrepresentation of what credit score you’d get isn’t

Posted on April 4, 2019 by rtushnet

Fair Isaac Corp. v. Trans Union, LLC, 2019 WL 1436018, No. 17-cv-8318 (N.D. Ill. Mar. 30, 2019) FICO sued TransUnion for breach of contract, breach of good faith and fair dealing, copyright infringement, conversion, and false advertising. Since 1989, TransUnion, … Continue reading →

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“more predictive, consistent, stable” is puffery, but misrepresentation of what credit score you’d get isn’t

Posted on April 4, 2019 by rtushnet

Fair Isaac Corp. v. Trans Union, LLC, 2019 WL 1436018, No. 17-cv-8318 (N.D. Ill. Mar. 30, 2019) FICO sued TransUnion for breach of contract, breach of good faith and fair dealing, copyright infringement, conversion, and false advertising. Since 1989, TransUnion, … Continue reading →

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