Author Archives: rtushnet

1201 exemption hearing: filmmaking and ebooks

Posted on April 12, 2018 by rtushnet

PROPOSED CLASS 1: Audiovisual Works—Criticism and Comment—E-Books and Filmmaking Michael C. Donaldson, FilmIndependent, International Documentary Association, Kartemquin Educational Films, Inc., Independent Filmmaker Project, University of Film and Video Association, The Alliance for Media Arts+Culture (“Joint Filmmakers”): Discusses use of film … Continue reading →

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Brief notes on 1201 space-shifting exemption hearings

Posted on April 12, 2018 by rtushnet

PROPOSED CLASS 3: Space-shifting Keith Chatfield SolaByte: Electronic new media solution developers: method for space-shifting based on licensed transactions, not moving the files.  Support OmniQ’s proposal on behalf of consumer—can convert content to more robust security, devices. Future-proof content against … Continue reading →

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Consumer class action fails for failure to survey on the exact statements challenged

Posted on April 10, 2018 by rtushnet

Townsend v. Monster Beverage Corp., — F.Supp.3d —-, 2018 WL 1662131, No. 12–2188–VAP (KKx) (C.D. Cal. Mar. 20, 2018) The Ninth Circuit remanded this case on UCL, FAL, and CLRA claims insofar as they challenge four specific on-label representations of … Continue reading →

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we said the meal was a “value,” we just didn’t say to whom

Posted on April 10, 2018 by rtushnet

Killeen v. McDonald’s Corp., 2018 WL 1695366, No. 17 CV 874 (N.D. Ill. Apr. 6, 2018) Courts will only rarely protect consumers against their inability in the moment to do math; this is not one of those times. Killeen alleged … Continue reading →

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Recent acquisitions: really bad court decisions edition

Posted on April 10, 2018 by rtushnet

Tarkay and Patricia Govezensky posters, from Romm Art Creations v. Simcha Int’l, Inc., 786 F.Supp. 1126 (E.D.N.Y. 1992), an absolutely terrible decision finding that the “Women and Cafes” style was inherently distinctive and thus had secondary meaning and high strength … Continue reading →

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The truth is out there, but it might violate the right of publicity

Posted on April 9, 2018 by rtushnet

Scott v. Citizen Watch Co., No. 17-cv-00436-NC, 2018 WL 1626773 (N.D. Cal. Apr. 4, 2018) This case would be the poster child for the need for a true reckoning between modern right of publicity law and the modern First Amendment, … Continue reading →

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make your own sexual reference: 9th Circuit partially reinstates male enhancement lawsuit

Posted on April 9, 2018 by rtushnet

Sandoval v. PharmaCare US, Inc., No. 16-56301, No. 16-56710, — Fed.Appx. —-, 2018 WL 1633011 (9th Cir. Apr. 5, 2018) Sandoval brought a putative class action claim based on PharmaCare’s statements about its “male enhancement” product IntenseX. The court of … Continue reading →

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Reading list: influencing juries in litigation hot spots

Posted on April 5, 2018 by rtushnet

Megan M. La Belle, Influencing Juries in Litigation “Hot Spots”: The article argues that litigants and attorneys sometimes use advertising to improperly sway the jury pool, sometimes by making factual claims but sometimes by using image advertising to create favorable … Continue reading →

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multi-million dollar award for trade secret theft & false advertising of “local” origin

Posted on April 5, 2018 by rtushnet

Bimbo Bakeries USA, Inc. v. Sycamore, 2018 WL 1578115, No. 13-cv-00749-DN-DBP (D. Utah Mar. 29, 2018) A relatively large trade secret/false advertising verdict in this case.  Bimbo prevailed at trial on its trade secret claim that Sycamore revealed Bimbo Bakeries’ … Continue reading →

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“tougher” and “durable” aren’t puffery for shingles

Posted on April 5, 2018 by rtushnet

Stern v. Maibec Inc., 2018 WL 1586323, No. 11-cv-3951(PGS)(TJB) (D.N.J. Apr. 2, 2018) Maibec makes eastern white cedar shingles and offers a 50-year limited warranty against wood decay and a warranty against stain failure. Its website touted eastern white cedar … Continue reading →

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