Category Archives: http://schemas.google.com/blogger/2008/kind#post

DMCA hearings: security research proponents

Posted on May 26, 2015 by rtushnet

Library of Congress DMCA exemption hearings   Proposed Class 25: Software – security research This proposed class would allow researchers to circumvent access controls in relation to computer programs, databases, and devices for purposes of good-faith testing, identifying, disclosing, and … Continue reading →

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"Commercial advertising and promotion" can’t be conclusorily alleged

Posted on May 26, 2015 by rtushnet

Jus Punjabi, LLC v. Get Punjabi Inc., 2015 WL 2400182, No. 1:14–cv–3318 (S.D.N.Y. May 20, 2015)   Jus Punjabi, a cable and satellite television network serving the U.S. Punjabi community, sued Get Punjabi, a rival television network.  Jus Punjabi allegedly … Continue reading →

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DMCA hearings, LA: Guest post by Betsy Rosenblatt

Posted on May 26, 2015 by rtushnet

Guest post from Betsy Rosenblatt   The triennial Copyright Office DMCA exemption hearings began on May 19 for three days in Los Angeles before moving next week to Washington, D.C. for four more days.  I attended the first two days, … Continue reading →

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False claims of FDA approval actionable under Lanham Act and state law

Posted on May 22, 2015 by rtushnet

Innovative Health Solutions, Inc. v. DyAnsys, Inc., 2015 WL 2398931, No. 14-cv-05207 (N.D. Cal. May 19, 2015)   IHS sells a medical device called P–STIM.  DyAnsys used to be the distributor of P-STIM in the US, but after it lost … Continue reading →

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FDA pre-approval doesn’t bar Lanham Act false advertising claim against device

Posted on May 21, 2015 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 14 Civ. 00585, 2015 WL 2359467 (S.D.N.Y. Mar. 24, 2015)   Earlier discussion.  SPD argued that the FDCA barred Lanham Act false advertising claims against it because the FDA … Continue reading →

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Pop goes the lawsuit: "original" ice pop claim could be false advertising

Posted on May 20, 2015 by rtushnet

Conopco Inc. v. Wells Enterprises, Inc., No. 14 Civ. 2223, 2015 WL 2330115 (S.D.N.Y. May 13, 2015)   Wells makes the Bomb Pop, the first red-white-and-blue rocket-shaped ice pop sold in the US, created in 1955, and markets it as … Continue reading →

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His red (copy)right hand

Posted on May 20, 2015 by rtushnet

Transformative work of the day, Dr. Seuss meets Nick Cave and the Bad Seeds edition. “He’ll rekindle all the dreams it took you a lifetime to destroy.” http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Garcia v. Google reversed; many sigh in relief

Posted on May 19, 2015 by rtushnet

Garcia v. Google, Inc., No. 12-57302, — F.3d – (9th Cir. May 18, 2105) (en banc)   Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence … Continue reading →

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Close but no cigar: "worked closely" claim is puffery

Posted on May 18, 2015 by rtushnet

Springbrook Software, Inc. v. Douglas County, 2015 WL 2248449, No. 13–cv–760 (W.D. Wis. May 13, 2015) (magistrate judge)   Springbrook sued Douglas County and the City of Superior for breach of contract and related claims after they stopped paying fees … Continue reading →

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ascertainability defeats class but EULA doesn’t

Posted on May 15, 2015 by rtushnet

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015)   Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’”  The … Continue reading →

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