Author Archives: rtushnet

Warning sign for the First Amendment: safety signs unconstitutional?

Posted on February 8, 2016 by rtushnet

PSEG Long Island LLC v. Town of North Hempstead, No. 15-cv-0222 (E.D.N.Y. Feb. 3, 2016)   Around the country, construction companies and similar businesses are routinely required to post warning signs of various sorts in order to proceed with their … Continue reading →

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California claims for injunctive relief can’t be remanded after CAFA removal

Posted on February 8, 2016 by rtushnet

Mezzadri v. Medical Depot, Inc., 113 F. Supp. 3d 1061 (S.D. Cal. 2015)   The rule against claim-splitting clashes with the injustice of the ability of a defendant to destroy a form of relief by removing a complaint from state … Continue reading →

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Notice and staydown: new slogan for a bad old idea

Posted on February 8, 2016 by rtushnet

The EFF on why the cleverly named “notice and staydown” proposals are actually just “filter everything” with a better slogan. from Blogger http://ift.tt/1TO0Bl1

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Empire down: Fox’s series protected no matter how confused consumers are

Posted on February 3, 2016 by rtushnet

Twentieth Century Fox Television, et al. v. Empire Distribution Inc., No. 15-2158 (C.D. Cal. Feb. 1, 2016)   Sometimes it’s nice to see the law work itself pure, as a court clears out some plaintiff-postulated ambiguities in Rogers v. Grimaldi.  … Continue reading →

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Absurd “world record” claim isn’t use of actual record-holder’s identity

Posted on February 3, 2016 by rtushnet

Martin v. Living Essentials, LLC, 2016 WL 374142, No. 15 C 01647 (N.D. Ill. Feb. 1, 2016)   Ted Martin, who holds the world record for most consecutive kicks in hacky sack (no knees, no partner) sued for invasion of … Continue reading →

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Consumer protection fellowship for law students

Posted on February 1, 2016 by rtushnet

The deadline for the ABA Section of Antitrust Law’s Janet Steiger Fellowship Program has been extended to Friday, February 5th. Steiger Fellows receive a $6,000 stipend for summer internships in the offices of 36 State Attorneys General where they’ll work … Continue reading →

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Reading list: Hoofnagle on FTC Privacy Law

Posted on February 1, 2016 by rtushnet

Chris Jay Hoofnagle, Federal Trade Commission Privacy Law and Policy (2016) Review copy. The book will be available on Amazon Feb. 5.  This is a detailed, clearly written guide to the FTC, with specific attention to its privacy practices but … Continue reading →

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Right of publicity question of the day

Posted on February 1, 2016 by rtushnet

Put someone’s image on a playing card.  Violation of the right of publicity?  Newsworthy?  Transformative?  What if the image is on the cards in order to solve a cold case?  Please discuss! from Blogger http://ift.tt/1nzAgKO

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Speech about a concluded, one-off auction isn’t advertising or promotion

Posted on February 1, 2016 by rtushnet

Reese v. Pook & Pook, LLC., 2016 WL 337022, No. 14-5715 (E.D. Pa. Jan. 27, 2016)   The Reeses collected antique toys, and filed for bankruptcy, at which point they were required to sell some of their collection. Defendant Pook … Continue reading →

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Beware of Greeks bearing yogurt claims

Posted on January 30, 2016 by rtushnet

General Mills, Inc. v. Chobani, LLC, No. 16-CV-58 (N.D.N.Y. Jan. 29, 2016) GM also sued Chobani, and received an almost identical preliminary injunction, accompanied by an almost identical opinion, as that in Dannon’s case, reported earlier.  Yoplait Greek 100 was … Continue reading →

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