Author Archives: rtushnet

Fraud claim by NY AG against Donald Trump revived on appeal

Posted on March 2, 2016 by rtushnet

People ex rel. Schneiderman v. Trump Entrepreneur Initiative LLC, — N.Y.S.3d —-, 2016 WL 783216, 2016 N.Y. Slip Op. 01430 (Sup. Ct. Mar. 1, 2016)   Snarky political note: It doesn’t appear that Trump could object to this ruling on … Continue reading →

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Hidden connections between doctors and the drugs they promote

Posted on March 2, 2016 by rtushnet

The violations of the FTC Endorsement Guidelines seem very clear in the stories recounted by this Boston Globe investigation.  H/T ST. from Blogger http://ift.tt/1UyHnQD

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Transformative work of the day, Chris Christie edition

Posted on March 2, 2016 by rtushnet

How many references can you spot in this Washington Post column?  Until I got to the last line of the column, I had a different title for this post, but Alexandra Petri got there before me. from Blogger http://ift.tt/1UyHnjA

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Open access-related jobs at Yale

Posted on March 1, 2016 by rtushnet

Via Amy Kapcyzinski: We are starting a new initiative here at Yale to do legal work and research to help improve access to clinical trial data.   We need to hire a stellar young attorney (ideally with at least 5 years … Continue reading →

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On the importance of knowing your genre

Posted on February 29, 2016 by rtushnet

I haven’t written about the Sherrilyn Kenyon v. Cassandra Clare lawsuit over Darkhunters v. Shadowhunters, though I did read the complaint.  I didn’t find the copyright claims to make it past assertions of similarity in ideas, though trademark is often … Continue reading →

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When are lost sales consequential damages?

Posted on February 29, 2016 by rtushnet

BPI Sports, LLC v. Labdoor, Inc., 2016 WL 739652, No. 15-62212 (S.D. Fla. Feb. 25, 2016)   BPI makes supplements, including “Best BCAA,” which contains branched chain amino acids (BCAAs) in multi-chain peptide form, rather than isolated, free-form BCAAs. LabDoor’s … Continue reading →

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Ingredient supplier has standing to challenge supplement claims

Posted on February 29, 2016 by rtushnet

Obesity Research Institute, LLC v. Fiber Research International, LLC, 2016 WL 739796,  No. 15-cv-00595 (S.D. Cal. Feb. 25, 2016)   Fiber Research alleged that Obesity Research made claims for its weight loss product, Lipozene, touting clinical testing supporting the role … Continue reading →

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Cardozo Law Advertising Conference Panel 2: Native Advertising

Posted on February 26, 2016 by rtushnet

Moderator Felix Wu | Professor and Faculty Director, Cardozo Data Law Initiative, Benjamin N. Cardozo School of Law   Panelists: Shelly Paioff | Deputy General Counsel & Head of Legal, US, Taboola: Taboola is a content recommendation platform—publishers like NBC, … Continue reading →

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Advertising law at Cardozo

Posted on February 26, 2016 by rtushnet

Cardozo Law Conference: New Impressions of Advertising Law   Panel 1: False Advertising (herein of Pom Wonderful v. FTC) Moderator: Brett Frischmann | Professor and Director, Cardozo Intellectual Property & Information Law Program, Benjamin N. Cardozo School of Law   … Continue reading →

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8th Circuit finds copyright preemption of publicity claim

Posted on February 26, 2016 by rtushnet

Dryer v. National Football League, No. 14-3428 (8th Cir. Feb. 26, 2016)   I blogged about the district court ruling and wrote an amicus brief in the appeal; now the 8th Circuit affirms the rejection of football players’ right of … Continue reading →

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