Author Archives: rtushnet

false omission claim fails for insufficiently alleged facts about crib bumper risks

Posted on January 22, 2014 by rtushnet

Corral v. Carter’s Inc., 2014 WL 197782, No. 1:13–cv–0262 (E.D. Cal. Jan. 16, 2014) Plaintiff sued Carter’s for basically the usual California claims in connection with Carter’s crib bumpers—“a strip of thin padding that is intended to affix to the … Continue reading →

Posted in california, consumer protection | Leave a comment

Innovation and inequality

Posted on January 22, 2014 by rtushnet

Matt Yglesias in Slate suggests that, if only the top 1% has disposable income, innovation will be very different from innovation in a more egalitarian state, and the only way for a mass market product to succeed will be for … Continue reading →

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

Second Circuit allows one mandatory pregnancy center disclosure

Posted on January 22, 2014 by rtushnet

Evergreen Ass’n, Inc. v. City of New York, — F.3d —-, 2014 WL 184993 (2d Cir. 2014) The City appealed from a preliminary injunction against Local Law 17, which required pregnancy services centers to make certain disclosures about their services. … Continue reading →

Posted in disclosures, first amendment | Leave a comment

changing goodwill signalled by mark isn’t infringement

Posted on January 21, 2014 by rtushnet

Purdum v. Wolfe, No. C–13–04816, 2014 WL 171546 (N.D. Cal. Jan. 15, 2014) Kickstarter infringement dispute, which as a side note raises interesting questions of responsibility for third-party structuring of tools.  Plaintiffs Barrett Purdum, Michael Armenta, and Michael Maher are … Continue reading →

Posted in trademark | Leave a comment

No records, no class action against Chipotle

Posted on January 21, 2014 by rtushnet

Hernandez v. Chipotle Mexican Grill, Inc., 12-cv-05543 (C.D. Cal. Dec. 2, 2013) The court rejected a proposed class action based on Chipotle’s alleged practice of serving conventionally raised meats on occasions when “naturally raised” meats were not available, though it … Continue reading →

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

falsely claiming continued TM ownership leads to liability

Posted on January 21, 2014 by rtushnet

C=HOLDINGS B.V. v. Asiarim Corp., 2013 WL 6987165, No. 12 Civ. 928 (S.D.N.Y. Dec. 16, 2013) C= sued Asiarim for infringement of Commodore trademarks (“a brand long associated with the 8–bit gaming computer popular in the early 1980s”) and related … Continue reading →

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

Product placement labeled news attracts NAD’s condemnation

Posted on January 21, 2014 by rtushnet

American Media, Inc. (Shape Water Boosters), NAD Case #5665 (Dec. 18, 2013) NAD brought this case itself.  NYT article on the case, of note given the NYT’s own foray into “native advertising.”  An article in Shape magazine, and on its … Continue reading →

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

Reading list: Fagundes on market harm in the fair use test

Posted on January 21, 2014 by rtushnet

David Fagundes, Market Harm, Market Help, and Fair Use (forthcoming 2014) Judges, commentators, and practitioners alike agree that the final factor of copyright’s four-part statutory fair use defense to copyright infringement requires judges to consider “market harm.” That is, all … Continue reading →

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

there’s no transformation but what we make for ourselves

Posted on January 21, 2014 by rtushnet

Transformative work of the month, at least! Terminator 2, retold using only lines from Shakespeare. Via FC. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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World Without Privacy Wrapup

Posted on January 17, 2014 by rtushnet

Overview and Commentary Ronald Krotoszynski, John S. Stone Chairholder of Law, The University of Alabama Moderator:      Montré Carodine, Associate Professor of Law, The University of Alabama Krotoszynski: potential virtues of a comparative law perspective.  All of the papers reflect … Continue reading →

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