Author Archives: rtushnet

CD Cal rejects In re GNC for all the right reasons

Posted on July 16, 2015 by rtushnet

Zakaria v. Gerber Products Co., No. 15-cv-00200 (C.D. Cal. July 14, 2015)   Zakaria sued Gerber, bringing the usual California claims, based on Gerber’s alleged misrepresentations that Good Start Gentle infant formula reduces the risk to infants of developing atopic … Continue reading →

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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 Slave infringed his copyright to a composition, To Our Fallen.  Friedman also alleged violation … Continue reading →

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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. from Blogger http://ift.tt/1SkV01k

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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 →

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

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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