Author Archives: rtushnet

Trump U: puffery defense rejected and class certification granted in 2 cases

Posted on February 28, 2014 by rtushnet

Cohen v. Trump, 2014 WL 690513, No. 13–cv–2519 (S.D. Cal. Feb. 21, 2014) Cohen brought a putative class action against Donald Trump based on Trump’s involvement with “Trump University.”  Allegedly drawn in by Defendant’s name and reputation, Cohen attended a … Continue reading →

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

FTC wins big against diabetes treatment claims

Posted on February 27, 2014 by rtushnet

Federal Trade Commission v. Wellness Support Network, Inc., 2014 WL 644749, No. 10–cv–04879 (N.D. Cal. Feb. 19, 2014) (magistrate judge) The FTC sued Wellness and its principals Robert Held and Robyn Held for false advertising and deceptive practices in the … Continue reading →

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How Many Wrongs Make a Copyright?

Posted on February 27, 2014 by rtushnet

This has tangential relevance to the Innocence of Muslims case (of which more soon).  I’ve written more directly about that case at the district court level, but this forthcoming publication deals with the idea of providing more protection to victims of … Continue reading →

Posted in 230, dmca, http://schemas.google.com/blogger/2008/kind#post, my writings | Leave a comment

Deciding substantial similarity on a motion to dismiss

Posted on February 26, 2014 by rtushnet

Klauber Bros., Inc. v. Bon-Ton Stores, Inc., 2014 WL 657953, No. 13–1672 (2d Cir. Feb. 21, 2014) Klauber appealed from the dismissal of its copyright claim against Bon-Ton.  It argued that the district court erred in finding no substantial similarity … Continue reading →

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Horror retellings of children’s classics

Posted on February 25, 2014 by rtushnet

Transformative works of the day: horrific retellings of children’s classics.  Are You My Mother? (a chilling story of self-delusion and parental feeling gone wrong);  If You Give a Mouse a Cookie (“He’s going to ask for a glass of milk/and … Continue reading →

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Credit score service is credit repair service because of its ads

Posted on February 24, 2014 by rtushnet

Stout v. FreeScore, LLC, No. 10-56887 (9th Cir. Feb. 21, 2014) The court of appeals reversed the dismissal of Stout’s putative class action against FreeScore under the Credit Repair Organizations Act (CROA). The district court concluded that FreeScore is not … Continue reading →

Posted in advertising, consumer protection | Leave a comment

Lay mis/understandings of copyright

Posted on February 24, 2014 by rtushnet

What do people think about copyright? Over at Jotwell, Andres Guadamuz reviews Lee Edwards et al, Isn’t it just a way to protect Walt Disney’s rights?: Media user perspectives on copyright, 16 New Media & Soc’y (2013) (paywall). The article … Continue reading →

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Dividing the spoils: soured Afghan deal brings TM, CFAA claims

Posted on February 24, 2014 by rtushnet

Global Fleet Sales, LLC v. Delunas, 2014 WL 634075, No. 12–15471 (E.D. Mich., Feb. 18, 2014) “This dispute arises out of the pursuit of business opportunities in the Islamic Republic of Afghanistan in the wake of the NATO campaign against … Continue reading →

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Informal administrative inquiry doesn’t preclude lawsuit over "organic"

Posted on February 24, 2014 by rtushnet

Brown v. Hain Celestial Group, Inc., 2014 WL 556732, No. C 11–03082 (N.D. Cal. Feb. 10, 2014) (magistrate judge) Plaintiffs sued Hain alleging that it marketed its “Avalon Organics” and “Jason” cosmetic products as organic when they were not made … Continue reading →

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

rigorous falsity standard in sophisticated market defeats false advertising claim

Posted on February 21, 2014 by rtushnet

Kwan Software Engineering, Inc. v. Foray Technologies, LLC, No. C 12-03762, 2014 WL 572290 (N.D. Cal. Feb. 11, 2014) Plaintiff (here VeriPic) and defendant both sell digital asset management software to law enforcement.  VeriPic and Foray both sell software that … Continue reading →

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