Author Archives: rtushnet

Netchoice amicus on behalf of Discord

Posted on December 7, 2023 by rtushnet

 Chris Sprigman and I just submitted this brief. The focus of the argument is the associational interests of Discord’s users, who want and need assistance from centralized content moderation in order to support their communities.  from Blogger http://tushnet.blogspot.com/2023/12/netchoice-amicus-on-behalf-of-discord.html

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Dastar bars false marking claims brought under Lanham Act (dubitante)

Posted on December 7, 2023 by rtushnet

Urban Dollz LLC v. Lashify, Inc., 2023 WL 8292459, No. CV 23-1427-GW-AFMx (C.D. Cal. Oct. 17, 2023) Super-interesting holding that, while there’s no patent field preemption against bringing false patent marking claims under the Lanham Act, Dastar (as expansively interpreted … Continue reading →

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using testimonials post-relationship failure can be a ROP problem

Posted on December 7, 2023 by rtushnet

McCandless Group, LLC v. COY Collective, Inc., No. LA CV 21-02069-DOC-KES, 2023 WL 8351525 (C.D. Cal. Oct. 23, 2023) The individual defendants co-founded COY in 2019 to provide creator clients with a platform to offer subscription services. COY hired MG … Continue reading →

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California’s UCL potentially available against junk fees

Posted on December 7, 2023 by rtushnet

Sepanossian v. National Ready Mix Co., — Cal.Rptr.3d —-, 2023 WL 7590798, No. B319260 (Ct. App. Nov. 15, 2023) Sepanossian, who operates a construction business, filed a class action against Ready Mix, which sells mixed concrete to small businesses for … Continue reading →

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court finds that transferring title to mural also transferred (c); VARA and CMI claims against ad also fail

Posted on December 6, 2023 by rtushnet

Williams v. Hy-Vee, Inc., — F.Supp.3d —-, 2023 WL 3602813, No. 4:22-cv-00025-RGE-HCA (S.D. Iowa Mar. 15, 2023) Williams, a professional artist, was commissioned to paint an abstract mural on the wall of a building located in Des Moines, Iowa.  The … Continue reading →

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Amicus brief on applying the Lanham Act to political speech post-JDI

Posted on December 6, 2023 by rtushnet

 In support of neither party. from Blogger http://tushnet.blogspot.com/2023/12/amicus-brief-on-applying-lanham-act-to.html

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Earnings calls, recall notices not “commercial advertising or promotion,” but could be “of and concerning” largest market player

Posted on November 27, 2023 by rtushnet

In re SoClean, Inc., Marketing, Sales Practices & Products Liab. Litig., 2023 WL 8006602, MDL No. 3021, No. 22-542 (W.D. Pa. Nov. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. SoClean is … Continue reading →

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too much complaining about copying triggers Dastar/preemption for other claims

Posted on November 27, 2023 by rtushnet

Design Gaps, Inc. v. Hall, 2023 WL 8103156, No. 3:23-cv-186-MOC (W.D.N.C. Nov. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for … Continue reading →

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who has standing to challenge robot lawyers?

Posted on November 27, 2023 by rtushnet

MillerKing, LLC v. DoNotPay, Inc., — F.Supp.3d —-, No. 3:23-CV-863-NJR, 2023 WL 8108547 (S.D. Ill. Nov. 17, 2023) “This case pits real lawyers against a robot lawyer.” Spoiler: the robot wins for lack of Article III standing. DoNotPay is an … Continue reading →

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Holly Herndon and AI in the New Yorker

Posted on November 17, 2023 by rtushnet

 Article here. I’m quoted. from Blogger http://tushnet.blogspot.com/2023/11/holly-herndon-and-ai-in-new-yorker.html

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