Author Archives: rtushnet

Reading list: worthwhile terms of service?

Posted on August 3, 2017 by rtushnet

David A. Hoffman, Relational Contracts of Adhesion Abstract: Not all digital fine print exculpates liability: some exhorts users to perform before the consumer relationship has soured. We promise to choose strong passwords (and hold them private); to behave civilly on … Continue reading →

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The South (Butt) remembers

Posted on August 2, 2017 by rtushnet

Via Mark Lemley. How should this fare? Better than the Starks, one hopes. from Blogger http://ift.tt/2f8I3kg

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Seen around town(s), TM and right of publicity issues

Posted on July 31, 2017 by rtushnet

From Cambridge: Cola scented stickers in Coke-shaped bottle Pies that make even the tiniest hands feel huge  Also, I didn’t manage to grab a picture of the “Legally Brunette” shirt in the Law School Coop, but I wonder about that … Continue reading →

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Seen around town(s), TM and right of publicity issues

Posted on July 31, 2017 by rtushnet

From Cambridge: Cola scented stickers in Coke-shaped bottle Pies that make even the tiniest hands feel huge  Also, I didn’t manage to grab a picture of the “Legally Brunette” shirt in the Law School Coop, but I wonder about that … Continue reading →

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When life gives you Lemonade: court preserves copyright complaint against Beyoncé

Posted on July 31, 2017 by rtushnet

Estate of Barré v. Carter, No. 17-1057, 2017 WL 3188489 (E.D. La. Jul. 25, 2017) Plaintiffs alleged that they owned in the copyright in two YouTube videos created by Anthony Barré, a performance comedian and music artist from New Orleans … Continue reading →

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When state consumer protection is narrower than federal

Posted on July 28, 2017 by rtushnet

Natreon, Inc. v. Ixoreal Biomed, Inc., 2017 WL 3131975, No. 16-4735 (D.N.J. Jul. 21, 2017) Natron sued defendant/counterclaimant/third-party plaintiff SKP and defendant Ixoreal, alleging false advertising and unfair competition in connection with an extract used in holistic and alternative medicines: … Continue reading →

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SDNY declines to extend ONY to press releases about studies

Posted on July 28, 2017 by rtushnet

Mimedx Group, Inc. v. Osiris Therapeutics, Inc., No. 16 Civ. 3645, 2017 WL 3129799 (S.D.N.Y. Jul. 21, 2017) The parties compete in the wound care biologics market for tissue-graft products.  Mimedx makes “EpiFix,” “a tissue graft processed from [a dehydrated] … Continue reading →

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Purple haze: court declines to recognize contributory false advertising claim

Posted on July 28, 2017 by rtushnet

Purple Innovations, LLC v. Honest Reviews, LLC, No. 2:17-cv-138, 2017 WL 3172810 (D. Utah Jul. 25, 2017) Mostly a jurisdiction case, but defendant GhostBed also successfully moved to dismiss Purple Innovations’ claim for contributory false association and false advertising.  Although … Continue reading →

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The hymn of Axiom: failure to disclose in FX trades doesn’t violate consumer protection law

Posted on July 27, 2017 by rtushnet

Axiom Investment Advisors, LLC v. Deutsche Bank AG, 2017 WL 590320, No. 15 Civ. 9945 (S.D.N.Y. Feb. 13, 2017) Deutsche Bank allegedly delayed execution of electronically matched trade orders in the foreign exchange (FX) market in order to benefit from … Continue reading →

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Deceive, inveigle, obfuscate–false discount claims still don’t cause cognizable injury

Posted on July 27, 2017 by rtushnet

Mulder v. Kohl’s Department Stores, Inc., — F.3d —-, 2017 WL 3167620, No. 16-1238 (1st Cir. Jul. 26, 2017) Mulder bought several items that listed both purchase prices and significantly higher “comparison prices.” Mulder alleged that these comparison prices were … Continue reading →

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