Author Archives: rtushnet

post-POM claim based on false implication of FDA approval survives

Posted on March 25, 2015 by rtushnet

Par Sterile Products, LLC v. Fresenius Kabi USA LLC, 2015 WL 1263041, No. 14 C 3349 (N.D. Ill. Mar. 17, 2015)   Par’s vasopressin injection product, Vasostrict, is a FDA-approved pharmaceutical. Fresenius’s vasopressin injection product is not.  Vasopressin is a … Continue reading →

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Farley and Tsai on the Redskins trademark

Posted on March 23, 2015 by rtushnet

At Prawfsblawg, Professors Christine Haight Farley and Robert Tsai analyze the First Amendment case against the Redskins cancellation, and conclude that 2(a) should survive scrutiny. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in first amendment, trademark | Leave a comment

Bad 230 ruling for LivingSocial

Posted on March 23, 2015 by rtushnet

Faegin v. LivingSocial, Inc., 2015 WL 1198654, No. 14cv00418 (S.D. Cal. Mar. 16, 2015)   After losing its attempt to mandate arbitration, LivingSocial gets a terrible §230 ruling in this trademark infringement etc. case involving vouchers it sold.   The … Continue reading →

Posted in 230, dilution, trademark | Leave a comment

The market for lemon smoothies: injunctive class settlement certified

Posted on March 23, 2015 by rtushnet

Lilly v. Jamba Juice Co., 2015 WL 1248027, No. 13-cv-02998 (N.D. Cal. Mar. 18, 2015)   This preliminary approval for a settlement contains the most extensive analysis I’ve seen of the “deceived consumers do have standing for injunctive relief in … Continue reading →

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

court refuses to enjoin consumer protection law on First Amendment grounds

Posted on March 23, 2015 by rtushnet

Loan Payment Administration LLC v. Hubanks, 2015 WL 1245895, No. 14-CV-04420 (N.D. Cal. Mar. 17, 2015)   A misinterpretation of nominative fair use mars this otherwise quite sensible rejection of a First Amendment challenge to a consumer protection law.   … Continue reading →

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

And another commercial advertising or promotion case, no competition required

Posted on March 20, 2015 by rtushnet

Educational Impact, Inc. v. Danielson, No. 14–937, 2015 WL 381332 (D.N.J. Jan. 28, 2015)   EI sued Charlotte Danielson and other entities for breach of contract, violations of the Lanham Act, unfair competition, tortious interference, and unjust enrichment.  Per the … Continue reading →

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

commercial advertising or promotion post-Lexmark

Posted on March 20, 2015 by rtushnet

Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 1191267 (S.D. Fla. Mar. 16, 2015)   Steven Novella wrote two articles criticizing the practice of Edward Tobinick, “a doctor who provides medical treatment to patients with ‘unmet medical needs’ via two institutes—‘Edward … Continue reading →

Posted in 230, commercial speech, defamation, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

The photocopier and the arc of history

Posted on March 20, 2015 by rtushnet

Smithsonian Magazine on the politics and culture of easy personal copying (version one). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Materials on privacy and surveillance

Posted on March 20, 2015 by rtushnet

Terry Diggs, an adjunct at U.C. Hastings Law, alerted me to a website she put together for a privacy/surveillance website with both text and video materials of possible interest to teachers of the subject.  (See the video and MCLE sections … Continue reading →

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picture of refurbished equipment wasn’t literally false passing off

Posted on March 19, 2015 by rtushnet

Stolle Machinery Co., LLC v. RAM Precision Industries, — Fed.Appx. —-, 2015 WL 1137429, No. 13–4103 (6th Cir. Mar. 16, 2015)   Stolle makes used to produce food and beverage cans. Stolle’s former employee, Shu An moved back to China, … Continue reading →

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