Author Archives: rtushnet

His red (copy)right hand

Posted on May 20, 2015 by rtushnet

Transformative work of the day, Dr. Seuss meets Nick Cave and the Bad Seeds edition. “He’ll rekindle all the dreams it took you a lifetime to destroy.” from Blogger http://ift.tt/1K0Il0p

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Pop goes the lawsuit: "original" ice pop claim could be false advertising

Posted on May 20, 2015 by rtushnet

Conopco Inc. v. Wells Enterprises, Inc., No. 14 Civ. 2223, 2015 WL 2330115 (S.D.N.Y. May 13, 2015)   Wells makes the Bomb Pop, the first red-white-and-blue rocket-shaped ice pop sold in the US, created in 1955, and markets it as … Continue reading →

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His red (copy)right hand

Posted on May 20, 2015 by rtushnet

Transformative work of the day, Dr. Seuss meets Nick Cave and the Bad Seeds edition. “He’ll rekindle all the dreams it took you a lifetime to destroy.” http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Garcia v. Google reversed; many sigh in relief

Posted on May 19, 2015 by rtushnet

Garcia v. Google, Inc., No. 12-57302, — F.3d – (9th Cir. May 18, 2105) (en banc)   Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence … Continue reading →

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Garcia v. Google reversed; many sigh in relief

Posted on May 19, 2015 by rtushnet

Garcia v. Google, Inc., No. 12-57302, — F.3d – (9th Cir. May 18, 2105) (en banc)   Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence … Continue reading →

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Close but no cigar: “worked closely” claim is puffery

Posted on May 18, 2015 by rtushnet

Springbrook Software, Inc. v. Douglas County, 2015 WL 2248449, No. 13–cv–760 (W.D. Wis. May 13, 2015) (magistrate judge)   Springbrook sued Douglas County and the City of Superior for breach of contract and related claims after they stopped paying fees … Continue reading →

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Close but no cigar: "worked closely" claim is puffery

Posted on May 18, 2015 by rtushnet

Springbrook Software, Inc. v. Douglas County, 2015 WL 2248449, No. 13–cv–760 (W.D. Wis. May 13, 2015) (magistrate judge)   Springbrook sued Douglas County and the City of Superior for breach of contract and related claims after they stopped paying fees … Continue reading →

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

Reading list: James Grimmelmann on Lauren Willis

Posted on May 15, 2015 by rtushnet

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis: Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go … Continue reading →

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ascertainability defeats class but EULA doesn’t

Posted on May 15, 2015 by rtushnet

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015)   Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’”  The … Continue reading →

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Reading list: James Grimmelmann on Lauren Willis

Posted on May 15, 2015 by rtushnet

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis: Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go … Continue reading →

Posted in contracts, reading list | Leave a comment