Author Archives: rtushnet

No standing for injunction-only class

Posted on January 26, 2015 by rtushnet

Graiser v. Visionworks of America, 2015 WL 248003, No. 1:14–CV–01641 (N.D. Ohio Jan. 20, 2015)   Graiser sought an injunction on behalf of a putative class based on his false advertising claims, which alleged that Visionworks’s buy one get one … Continue reading →

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

Mapping the law prof twitterverse

Posted on January 26, 2015 by rtushnet

Ryan Whalen maps the law prof Twitterverse.  My eccentricity turns out to be 4.0.  I’m not sure what that means, but based on the name, I probably would have guessed higher. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Transformative use of the day: Washington’s football team edition

Posted on January 23, 2015 by rtushnet

This ad uses footage of Washington’s team to make the point that its racially inflammatory name and mascot are unnecessary.  Consider the TM and copyright implications! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Q of the day: is this enough disclosure?

Posted on January 20, 2015 by rtushnet

Steve Clowney argues that Prawsfblawg’s disclosures of West-sponsored content aren’t enough, given how much a sponsored post looks like a regular post.  How would you advise a client to comply with the FTC’s guidance here?  Would the purported sophistication of … Continue reading →

Posted in disclosures, ftc | Leave a comment

Dial U for unfair competition?

Posted on January 20, 2015 by rtushnet

Liveperson, Inc. v. 24/7 Customer, Inc., 2015 WL 170348, No. 14 Civ. 1559 (S.D.N.Y. Jan. 13, 2015)   LivePerson “provides customers with live-interaction and customer engagement technology for e-commerce websites, enabling businesses to interact in real-time with their website customers.”  … Continue reading →

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

Pinterest, sponsorship, and copyright

Posted on January 20, 2015 by rtushnet

Fascinating story on top pinners on Pinterest, which suggests that Pinterest’s policies deter people from disclosing sponsorships (which the FTC wants them to do; could it go after Pinterest for deterring users’ compliance?), and also contains the interesting note that … Continue reading →

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

Lexmark applies to false association, not just false advertising

Posted on January 15, 2015 by rtushnet

International Foundation of Employee Ben. Plans, Inc. v. Cottrell, No. WDQ–14–1269, 2015 WL 127839 (D. Md. Jan. 7, 2015)   IFEBP sued Cottrel, d/b/a HR Vantage, for false advertising, trademark infringement, and related claims.  IFEBP is a nonprofit that trains … Continue reading →

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

Interpretation of alleged relabeling agreement is for jury

Posted on January 15, 2015 by rtushnet

Ecore International, Inc., v. Downey, No. 12–2729, 2015 WL 127316 (E.D. Pa. Jan. 7, 2015)   Ecore makes recycled rubber flooring; defendants allegedly relabeled and resold Ecore’s goods as its own.  Downey owns an engineering consulting company that provided consulting … Continue reading →

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

Passing off claim is subject to Rule 9(b) but passes

Posted on January 14, 2015 by rtushnet

Medscript Pharmacy, LLC v.My Script, LLC, LLC, No. 14 C 0469, 2015 WL 149062 (N.D. Ill. Jan. 12, 2015)   The complaint alleged that Medscript was a Professional Compounding Centers of America (PCCA) certified compounding pharmacy, while defendants are compounding … Continue reading →

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

Pop quiz, hotshot

Posted on January 14, 2015 by rtushnet

Who authorized the following promo? “Winter is Coming” NHL/Reebok promo, seen on subway Alternatively: the NHL and Reebok can take it, but they don’t want to dish it out: NHL/Reebok trademark statements on ad http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment