Author Archives: rtushnet

belated defense of law reviews

Posted on October 28, 2013 by rtushnet

Sadly, this post has been delayed while I got an overdue article off my plate!  The NYT’s Adam Liptak writes about law reviews, with this unhelpful comparison: “The judge, lawyer or ordinary reader looking for accessible and timely accounts or … Continue reading →

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INTA’s brief in Lexmark

Posted on October 17, 2013 by rtushnet

Stop the presses: INTA and I are in agreement!  http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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When is a sale not a sale?

Posted on October 17, 2013 by rtushnet

When employees are directed to pretend it isn’t unless you’re a preferred customer, Mark Ellwood writes in Slate.  I’m guessing that if a small sign stating “sale” is a legal requirement, the NY AG wouldn’t be happy with the deceptive … Continue reading →

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law barring "surcharge for credit" signs unconstitutional

Posted on October 17, 2013 by rtushnet

Expressions Hair Design v. Schneiderman, 13 Civ. 3775, 2013 WL 5477607 (S.D.N.Y. Oct. 3, 2013) Under NY GBL § 518, a vendor who wants to impose a surcharge for using a credit card to compensate for the credit card companies’ … Continue reading →

Posted in advertising, antitrust, commercial speech, disclosures, first amendment | Leave a comment

photos can be false by necessary implication

Posted on October 17, 2013 by rtushnet

Veve v. Corporan, No. 12–1073 (GAG), 2013 WL 5603263 (D.P.R.| Oct. 11, 2013) Plaintiffs Veve and his business Batey Zipline Adventure sued defendants, Corporan and Atabey Eco Tours, for trademark infringement, trade dress infringement, false advertisement, and product disparagement.  They … Continue reading →

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

Transformative work of the day

Posted on October 17, 2013 by rtushnet

Ann Friedman’s response to Emily Yoffe. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Static Control’s brief in Lexmark

Posted on October 15, 2013 by rtushnet

Available here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Lanham Act and ACPA damages not dischargeable in bankruptcy

Posted on October 15, 2013 by rtushnet

In re Butler (Skydive Arizona, Inc. v. Butler), Bkcy. No. 11–40930, No. 11–4037, 2013 WL 5591922 (N.D. Ca. Sept. 9, 2013) Here, the debtor was unable to discharge his liability for violation of ACPA, trademark infringement, and false advertising, because … Continue reading →

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

Software update defeats class certification

Posted on October 15, 2013 by rtushnet

Waller v. Hewlett–Packard Co., No. 11 cv0454, 2013 WL 5551642 (S.D. Cal. Sept. 29, 2013) So I’m trying to cut down on California coverage and just give the highlights.  That said, I recommend this case for some of the most … Continue reading →

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Willful false advertising insufficient to justify fee award

Posted on October 15, 2013 by rtushnet

Eastman Chemical Co. v. Plastipure, Inc., No. A–12–CA–057, 2013 WL 5555373 (W.D. Tex. Oct. 4, 2013) Previous discussion here.  Based on its successful Lanham Act false advertising trial result, Eastman sought attorneys’ fees and costs (the latter of which it … Continue reading →

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