Author Archives: rtushnet

FTC goes after misleading certification mark

Posted on July 22, 2014 by rtushnet

Here’s some discussion of the FTC’s complaint from the FTC itself, with a link to the proposed settlement.  Unsurprising takeaway: If you purport to certify products as “Made in the USA,” it is a good idea to do some verification … Continue reading →

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Georgetown Law’s new Center on Privacy and Technology

Posted on July 21, 2014 by rtushnet

Learn more here. All my colleagues who worked on this deserve congratulations–Professors Julie Cohen, David Vladeck, Laura Donohue and Angela Campbell worked tirelessly for this achievement. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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trademark beats copyright at surviving motion to dismiss

Posted on July 21, 2014 by rtushnet

Gorski v. Gymboree Corp., 2014 WL 3533324,  No. 14-CV-01314 (N.D. Cal. July 16, 2014) Via Eric Goldman.  Gorski and Gymboree both make shirts that feature the phrase “lettuce turnip the beet.” Gorski sued for copyright and trademark infringement; Gorski owns … Continue reading →

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allegations about fake reviews can support false advertising claim

Posted on July 21, 2014 by rtushnet

American Bullion, Inc. v. Regal Assets, LLC, 2014 WL 3516252, No. CV 14–01873 (C.D. Cal. July 15, 2014) The parties compete to sell gold and other precious metals as retirement investments.  Plaintiff (ABI) advertises online using third-party affiliates, who get … Continue reading →

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Uber/under: false advertising and association claims against Uber continue

Posted on July 16, 2014 by rtushnet

Yellow Group LLC v. Uber Technologies Inc., No. 12 C 7967, 2014 WL 3396055 (N.D. Ill. July 10, 2014) Taxi medallion owners, taxi affiliations (taxi dispatch services), and livery service providers sued Uber, alleging that it competed unfairly by misrepresenting … Continue reading →

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Using up most of settlement fund shows settlement is reasonable

Posted on July 16, 2014 by rtushnet

Larsen v. Trader Joe’s Co., No. 11-cv-05188, 2014 WL 3404531 (N.D. Cal. July 11, 2014) This is a final settlement approval of claims based on products labeled “All Natural” or “100% Natural,” when they allegedly contained synthetic ingredients.  The settlement … Continue reading →

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on Thursdays, we’re teddy bear doctors

Posted on July 16, 2014 by rtushnet

The Hollywood Reporter on a lawsuit alleging infringement by the 2012 film Ted of a foul-mouthed teddy bear character that lives with humans.  This post brought to you by a reminder that Supernatural did it in 2008: Yes, this is … Continue reading →

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Reading list: food law

Posted on July 14, 2014 by rtushnet

Regent University’s law review had a symposium on food law.  Here are the resulting articles, essentially all about advertising/disclosures: Foreword: Food Law and Its Place at the Legal Academy Michael T. Roberts Defining Natural Foods: The Search for a Natural … Continue reading →

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Twiqbal kills consumer class action in 2d Circuit

Posted on July 14, 2014 by rtushnet

DiMuro v. Clinique Laboratories, LLC, — Fed.Appx. —-, 2014 WL 3360586, No. 13–4551 (2d Cir. July 10, 2014) The Second Circuit quickly affirms the dismissal of a putative consumer class action based on Clinique’s marketing of seven different “Repairwear” cosmetics. … Continue reading →

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Amended aggravation: Garcia v. Google

Posted on July 14, 2014 by rtushnet

Never say an opinion (previously discussed here) can’t get worse. The amended opinion in Garcia v. Google manages that feat: Nothing we say today precludes the district court from concluding that Garcia doesn’t have a copyrightable interest, or that Google … Continue reading →

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