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

New Jersey court rejects ascertainabilty requirement for class actions

Posted on May 14, 2015 by rtushnet

Daniels v. Hollister Co., — A.3d —-, 2014 WL 8808428, No. A–3629–13T3 (N.J. Super. Ct. App. Div. May 13, 2015)   Of interest because it’s a state court within the Third Circuit rejecting that circuit’s view of “ascertainability” in class … Continue reading →

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

No need to name competitor if context does

Posted on May 14, 2015 by rtushnet

Champion Laboratories, Inc. v. Central Illinois Manufacturing Co., 2015 WL 2208198,  No. 14 CV 9754 (N.D. Ill. May 8, 2015)   The parties are the leading manufacturers and suppliers of fuel dispensing filters in the United States. “Fuel dispensing filters … Continue reading →

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

SDNY allows consumer "organic" claims to proceed

Posted on May 13, 2015 by rtushnet

Segedie v. Hain Celestial Group, Inc., 2015 WL 2168374, No. 14–cv–5029 (S.D.N.Y. May 7, 2015)   Plaintiffs bought Earth’s Best food, body care, and home care products, and alleged that they were misleadingly labeled as “organic,” “natural,” or “all natural.”  … Continue reading →

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

Reading list: entertainment franchises and Drassinower

Posted on May 11, 2015 by rtushnet

Law and Creativity in the Age of the Entertainment Franchise, ed. Kathy Bowrey & Michael Handler: A collection of essays on the general theme, some much more specific than others. The editors suggest that the things that the “entertainment industry”values … Continue reading →

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

"Handmade" is too vague to be actionable for bourbon

Posted on May 11, 2015 by rtushnet

Salters v. Beam Suntory, Inc., 2015 WL 2124939, No. 14cv659 (N.D. Fla. May 1, 2015)   Plaintiffs alleged that Maker’s Mark bourbon was falsely advertised as “handmade.” In a pithy opinion, the court found that they couldn’t state a claim … Continue reading →

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

Transformative work of the day, Star Wars edition (expanded universe)

Posted on May 7, 2015 by rtushnet

Courtesy of The Toast. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

EFF/OTW DMCA reply comments

Posted on May 4, 2015 by rtushnet

Well, that’s an alphabet soup.  Here are our reply comments to the opposition from DVDCSS and the MPAA et al. Notably, while opponents assert that remix videos are infringing, they don’t oppose extension of the existing exemptions. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

District court largely upholds mandatory GE disclosures

Posted on May 4, 2015 by rtushnet

Grocery Manufacturers Assoc. v. Sorrell, 2015 WL 1931142, No. 5:14–cv–117 (D. Vt. Apr. 27, 2015)   Relax, we’ll be here for a while.   Vermont passed a law, Act 120, requiring that manufacturers and retailers identify whether raw and processed … Continue reading →

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

DC Comics thinks derivative works are creator-less

Posted on April 29, 2015 by rtushnet

According to this post by a DC Comics artist (who created Felicity Smoak!).  This raises fascinating contract issues, as well as depressingly highlighting artists’ lack of bargaining power. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

The dangers of only arguing one half of 43(a)

Posted on April 29, 2015 by rtushnet

Diodato v. Wells Fargo Ins. Servs., USA, Inc., 44 F. Supp. 3d 541 (M.D. Pa. 2014) Darrell Diodato was employed by Wells Fargo Insurance for thirty-six years as an insurance producer, servicing existing insurance business and originating new insurance business. … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, procedure, right of publicity | Leave a comment