Author Archives: rtushnet

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

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

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 →

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

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 →

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

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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Failure to allege agency relationship leads to fee award

Posted on October 11, 2013 by rtushnet

Anastasia Int’l, Inc. v. EM Online Pty Ltd., No. 13 Civ. 2919, 2013 WL 5550211 (S.D.N.Y. Oct. 4, 2013) Anastasia sued various defendants for trademark infringement and false advertising, along with related state torts.  Anastasia runs Anastasiadate.com, an “international dating … Continue reading →

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