Author Archives: rtushnet

danah boyd has good news for Google

Posted on March 11, 2014 by rtushnet

danah boyd, It’s Complicated: Boyd’s book recounts her ethnographic research on the internet lives of American teens of different races and classes.  She challenges many of the simple conclusions popular in the media.  Teens do value privacy—but they don’t often … Continue reading →

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Comparisons and copying of business model aren’t infringement or false advertising

Posted on March 10, 2014 by rtushnet

Garden Catering-Hamilton Avenue, LLC v. Wally’s Chicken Coop, LLC, 2014 WL 810821, No. 3:11cv1892 (D. Conn. Feb. 28, 2014) Garden Catering alleged that its former employee, Michael Natale, prepared to open a rival restaurant, Wally’s, while employed by Garden Catering, … Continue reading →

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

resort fees not included in "total" may violate consumer protection law

Posted on March 10, 2014 by rtushnet

Soule v. Hilton Worldwide, Inc., 2014 WL 794801, No. 13-00652 (D. Hawai’i Feb. 26, 2014) Soule sued Hilton for violation of Hawaii’s consumer protection law and for unjust enrichment based on an allegedly insufficiently disclosed resort fee charged on top … Continue reading →

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Deference to the PTO’s acceptance of a specimen and tacking

Posted on March 10, 2014 by rtushnet

Reynolds Consumer Products, Inc. v. Handi-Foil Corp., 2014 WL 794277, No. 13-cv-214 (E.D. Va. Feb. 27, 2014) Reynolds sued Handi-Foil, its competitor in the market for aluminum foil, for trade dress infringement and false advertising.  Here, the court rejects Handi-Foil’s … Continue reading →

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

What makes a fee-worthy dilution claim?

Posted on March 10, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, 2014 WL 793090,  No. 10-cv-01398 (D. Colo. Feb. 27, 2014) Some of the more recent opinions from this hard-fought case in which plaintiff won its false advertising claims but lost trademark claims.  We … Continue reading →

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

Securities law and advertising law

Posted on March 10, 2014 by rtushnet

Ann Lipton (Duke) has a post up on the import of Halliburton II, a securities case about the fraud on the market doctrine, with at least potential relevance to advertising law.   Another of her posts considers the securities law … Continue reading →

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Glass houses: incidental use of sculpture in photo is fair

Posted on March 7, 2014 by rtushnet

Neri v. Monroe, No. 11-cv-429 (W.D. Wis. Feb. 26, 2014) (magistrate judge), on remand from 726 F. 3d 989 (7th Cir. 2013) From the outside, this doubtless expensive dispute looks like it resulted from an artist whose outrage over a … Continue reading →

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Reading list: Copyright equality

Posted on March 7, 2014 by rtushnet

Peter DiCola, Copyright Equality: Free Speech, Efficiency, and Regulatory Parity in Distribution. Abstract: Copyright law treats webcasters like Pandora, on-demand streaming services like Spotify, the satellite radio company Sirius XM, and traditional radio broadcasters like Clear Channel in vastly different … Continue reading →

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Class action objection in the form of a dialogue

Posted on March 6, 2014 by rtushnet

Sample (footnotes omitted): CytoSport has agreed to donate whatever is left over to charitable athletic events, like Susan G. Komen’s Race for the Cure.Class Member. That’s nice of them. Are they funding the costs of running the event?Counsel: No, they … Continue reading →

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

Topside Pom Wonderful briefs

Posted on March 6, 2014 by rtushnet

I was unfortunately unable to work on an amicus brief in Pom Wonderful, but the good news is that INTA did participate. Petitioner’s brief. Generic Pharmaceutical Association (in support of neither party). INTA. United States (in support of neither party). … Continue reading →

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