Author Archives: rtushnet

False establishment claims not actionable under consumer protection law

Posted on July 14, 2015 by rtushnet

Aloudi v. Intramedic Research Group, LLC, 2015 WL 4148381, No. 15-cv-00882 (N.D. Cal. Jul. 9, 2015)   Aloudi brought the usual California/warranty claims against IRG for its claims about its JavaSLIM product, a “green coffee bean extract weight loss formula.” … Continue reading →

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Dastar-barred claims can’t be repled as false advertising claims

Posted on July 14, 2015 by rtushnet

Friedman v. Zimmer, No. 15-502 (C.D. Cal. Jul. 10, 2015)   Richard Friedman sued Hans Zimmer and others, alleging that the score to 12 Years a Slaveinfringed his copyright to a composition, To Our Fallen.  Friedman also alleged violation of … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Is it awful of me to want a Downfall remix featuring historians reacting?

Posted on July 14, 2015 by rtushnet

Historians react with anger to Goebbels copyright ruling. H/T Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Quote of the day: on trademark harm

Posted on July 13, 2015 by rtushnet

Ralph Sharp Brown knew his stuff with respect to trademark theories of harm that go beyond lost sales: “Judge Frank has already pointed out that the defendant ought to have an opportunity to prove that he will not harm the … Continue reading →

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Quote of the day: on trademark harm

Posted on July 13, 2015 by rtushnet

Ralph Sharp Brown knew his stuff with respect to trademark theories of harm that go beyond lost sales: “Judge Frank has already pointed out that the defendant ought to have an opportunity to prove that he will not harm the … Continue reading →

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Amicus seeking rehearing in In re GNC

Posted on July 13, 2015 by rtushnet

Brian Wolfman and I just filed this amicus on behalf of law professors seeking rehearing in the In re GNC case, which badly misunderstood literal falsity. from Blogger http://ift.tt/1M6pdSX

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Amicus seeking rehearing in In re GNC

Posted on July 13, 2015 by rtushnet

Brian Wolfman and I just filed this amicus on behalf of law professors seeking rehearing in the In re GNC case, which badly misunderstood literal falsity. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in consumer protection, http://schemas.google.com/blogger/2008/kind#post, my writings | Leave a comment

And his fate is still unlearn’d: Subway overcharge claim fails

Posted on July 10, 2015 by rtushnet

Hollander v. Metropolitan Transp. Authority, 2015 N.Y. Slip Op. 50991(U), 2015 WL 4077193, No. 160972/13 (Sup. Ct. June 25, 2015)   Hollander sued the MTA on behalf of purchasers of 7–Day and 30–Day MetroCards, alleging they were falsely advertised because … Continue reading →

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And his fate is still unlearn’d: Subway overcharge claim fails

Posted on July 10, 2015 by rtushnet

Hollander v. Metropolitan Transp. Authority, 2015 N.Y. Slip Op. 50991(U), 2015 WL 4077193, No. 160972/13 (Sup. Ct. June 25, 2015)   Hollander sued the MTA on behalf of purchasers of 7–Day and 30–Day MetroCards, alleging they were falsely advertised because … Continue reading →

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A rant on the Copyright Office’s Orphan Works proposal

Posted on July 9, 2015 by rtushnet

And it’s not even from me!  As a dedicated ranter, however, I must recognize greatness in ranting when it appears.  Kyle Courtney, my hat’s off to you. from Blogger http://ift.tt/1D3axfd

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