Category Archives: consumer protection

overclaiming study results to apply to unstudied product can be false/misleading

Posted on August 10, 2015 by rtushnet

In re Riddell Concussion Reduction Litig., No. 13–7585, 2015 WL 4640425 (D.N.J. Aug. 3, 2015)   The plaintiffs sued Riddell for marketing football helmets based on allegedly false or misleading claims that the helmets were equipped with unique concussion reduction … Continue reading →

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IPSC: Copyright again

Posted on August 7, 2015 by rtushnet

Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis   Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading →

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

4th Circuit denies rehearing in In re GNC

Posted on July 29, 2015 by rtushnet

😦 If this ruling sticks and is actually applied in Lanham Act cases (something of which I am uncertain), then the resulting circuit split would probably justify Supreme Court review, given the Court’s newfound interest in 43(a)(1)(B). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Claims about computer expertise aren’t puffery to ordinary consumers

Posted on July 23, 2015 by rtushnet

Burton v. iYogi, Inc., 2015 WL 4385665, No. 13–CV–6926 (S.D.N.Y. Mar. 16, 2015)   iYogi provides computer diagnostics and repair, general troubleshooting, updates to computer drivers, security protection, and PC speed and performance optimization. To market itself, iYogi offers “Free … Continue reading →

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Uber’s safety claims not all puffery

Posted on July 22, 2015 by rtushnet

L.A. Taxi Cooperative, Inc. v. Uber Technologies, Inc., — F. Supp. 3d —-, 2015 WL 4397706, No. 15-cv-01257 (N.D. Cal. Jul. 17, 2015)   Uber makes various safety-related claims, such as its website’s claims to offer the “SAFEST RIDES ON … Continue reading →

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BBB claims about its own ratings process not protected by First Amendment

Posted on July 22, 2015 by rtushnet

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., No. 4D13-3916 (Fla. Ct. App. June 3, 2015) Expect more detailed analysis from Ann Lipton soon.   CC received an F grade from BBB and sued for … Continue reading →

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CD Cal rejects In re GNC for all the right reasons

Posted on July 16, 2015 by rtushnet

Zakaria v. Gerber Products Co., No. 15-cv-00200 (C.D. Cal. July 14, 2015)   Zakaria sued Gerber, bringing the usual California claims, based on Gerber’s alleged misrepresentations that Good Start Gentle infant formula reduces the risk to infants of developing atopic … Continue reading →

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False establishment claims not actionable under consumer protection law

Posted on July 14, 2015 by rtushnet

Aloudi v. Intramedic Research Group, LLC, 2015 WL 4148381, No. 15-cv-00882 (N.D. Cal. Jul. 9, 2015)   Aloudi brought the usual California/warranty claims against IRG for its claims about its JavaSLIM product, a “green coffee bean extract weight loss formula.” … Continue reading →

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Amicus seeking rehearing in In re GNC

Posted on July 13, 2015 by rtushnet

Brian Wolfman and I just filed this amicus on behalf of law professors seeking rehearing in the In re GNC case, which badly misunderstood literal falsity. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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And his fate is still unlearn’d: Subway overcharge claim fails

Posted on July 10, 2015 by rtushnet

Hollander v. Metropolitan Transp. Authority, 2015 N.Y. Slip Op. 50991(U), 2015 WL 4077193, No. 160972/13 (Sup. Ct. June 25, 2015)   Hollander sued the MTA on behalf of purchasers of 7–Day and 30–Day MetroCards, alleging they were falsely advertised because … Continue reading →

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