Author Archives: rtushnet

9th Circuit requires arbitration for consumer protection claims

Posted on October 29, 2013 by rtushnet

Ferguson v. Corinthian Colleges, Inc., — F.3d —-, No. 11–56965, 2013 WL 5779514 (9th Cir. 2013) Plaintiffs were former students at for-profit schools owned by Corinthian and sued alleging that Corinthian used deceptive practices to get them to enroll.  The … Continue reading →

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

Class ascertainability exists without purchase records

Posted on October 29, 2013 by rtushnet

Thurston v. Bear Naked, Inc., No. 3:11–CV–02890, 2013 WL 5664985 (S.D. Cal. July 30, 2013) The court certified a California class of purchasers of Bear Naked products marked as 100% natural that contained hexane-processed soy.  Of note, the court rejected … Continue reading →

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

"All Natural" too undefined to be the basis of a claim

Posted on October 29, 2013 by rtushnet

Pelayo v. Nestle USA, Inc., 2013 WL 5764644, No. CV 13–5213 (C.D. Cal. Oct. 25, 2013) Pelayo sued Nestle alleging claims about 13 Nestle stuffed pasta products using the term “All Natural” on the labeling while containing synthetic xanthan gum … Continue reading →

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

Singaporean bank finds no relief from Lanham Act

Posted on October 29, 2013 by rtushnet

Hong Leong Finance Limited (Singapore) v. Pinnacle Performance Ltd., 2013 WL 5746126, No. 12 Civ. 6010 (S.D.N.Y. Oct. 23, 2013) My former classmate, the Honorable Jesse Furman, got this Lanham Act extraterritoriality case. Plaintiff HLF sued Morgan Stanley and certain … Continue reading →

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

Student-athletes’ right of publicity claims can ground antitrust claims

Posted on October 29, 2013 by rtushnet

In re NCAA Student-Athlete Name & Likeness Licensing Litigation, No. C 09-1967 (N.D. Cal. Oct. 25, 2013)  Plaintiffs, current and former college athletes, sued the NCAA; they also sued Collegiate Licensing Company and Electronic Arts, but settled those claims.  This … Continue reading →

Posted in antitrust, first amendment, right of publicity | Leave a comment

First Amendment bars Lanham Act claim against university article repository

Posted on October 28, 2013 by rtushnet

Pellegrini v. Northeastern University, No. 12–cv–40141, 2013 WL 5607019 (D. Mass. Aug. 23, 2013) (magistrate judge) The magistrate began by characterizing this case as a high-stakes dispute involving “the First Amendment rights of a university and one of its faculty … Continue reading →

Posted in commercial speech, first amendment, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Versace embraces counterfeit style

Posted on October 28, 2013 by rtushnet

Versace’s collaboration with M.I.A. (since this kind of co-branding is now “collaboration”–some interesting work could be done on the double meaning there) involves copying counterfeit styles themselves copying Versace.  Some images here, not that I could recognize what makes them either … Continue reading →

Posted in counterfeiting, reading list, trademark | Leave a comment

Reading list: empirical study of fertility clinic advertising

Posted on October 28, 2013 by rtushnet

Jim Hawkins, Selling ART: An Empirical Assessment of Advertising on Fertility Clinics’ Websites, 88 Indiana Law Journal 1147 (2013) (SSRN version): Nice study on what claims clinics actually make versus what claims scholars have worried about—answer, some overlap but not … Continue reading →

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AAI amicus in Lexmark

Posted on October 28, 2013 by rtushnet

The American Antitrust Institute’s amicus brief in favor of respondent in Lexmark is out. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

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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