Author Archives: rtushnet

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 →

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

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 →

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

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

A consumer protection case for Fox Mulder?

Posted on February 21, 2014 by rtushnet

Hey, I get to make an X-Files reference! Lilly v. ConAgra Foods, Inc., — F.3d —-, 2014 WL 644706 (9th Cir. Feb. 20, 2014) Lilly alleged that the tasty coating on sunflower seed shells is designed to be eaten, and … Continue reading →

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

British villains, by which we mean Marvel’s Loki etc.

Posted on February 21, 2014 by rtushnet

So what are the trademark implications of the Jaguar ads starring three British actors who tout their credentials as film villains?  Any copyright implications, since they’re evoking some of their characters?  The disclaimers don’t say a word about the franchises … Continue reading →

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

FTC wins big in case against light bulb sellers

Posted on February 20, 2014 by rtushnet

The FTC’s Business Center Blog has the details, which include a $21 million refund order representing the gross revenues from the advertised products, with no offsets for the benefit consumers actually received.  A very strong opinion for the FTC, requiring … Continue reading →

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

Image advertising is commercial speech

Posted on February 20, 2014 by rtushnet

Jordan v. Jewel Food Stores, Inc. — F.3d —-, 2014 WL 627603 (7th Cir. Feb. 19) When a commemorative magazine issue celebrating Michael Jordan’s career carries ads referencing that career, how should right of publicity and Lanham Act claims, and … Continue reading →

Posted in commercial speech, first amendment, right of publicity, trademark | Leave a comment

Lanham Act 43(a) and Rule 9(b)

Posted on February 18, 2014 by rtushnet

SKEDKO, Inc. v. ARC Products, LLC, 2014 WL 585379, No. 3:13–cv–00696 (D. Ore. Feb. 13, 2014) Short opinion finding that Rule 9(b) applies to Lanham Act false advertising claims (here, counterclaims), because they sound in fraud.  Fraud might not be … Continue reading →

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