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

And another commercial advertising or promotion case, no competition required

Posted on March 20, 2015 by rtushnet

Educational Impact, Inc. v. Danielson, No. 14–937, 2015 WL 381332 (D.N.J. Jan. 28, 2015)   EI sued Charlotte Danielson and other entities for breach of contract, violations of the Lanham Act, unfair competition, tortious interference, and unjust enrichment.  Per the … Continue reading →

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

commercial advertising or promotion post-Lexmark

Posted on March 20, 2015 by rtushnet

Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 1191267 (S.D. Fla. Mar. 16, 2015)   Steven Novella wrote two articles criticizing the practice of Edward Tobinick, “a doctor who provides medical treatment to patients with ‘unmet medical needs’ via two institutes—‘Edward … Continue reading →

Posted in 230, commercial speech, defamation, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

picture of refurbished equipment wasn’t literally false passing off

Posted on March 19, 2015 by rtushnet

Stolle Machinery Co., LLC v. RAM Precision Industries, — Fed.Appx. —-, 2015 WL 1137429, No. 13–4103 (6th Cir. Mar. 16, 2015)   Stolle makes used to produce food and beverage cans. Stolle’s former employee, Shu An moved back to China, … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, trade secrets | Leave a comment

Amicus brief in Dryer v. NFL

Posted on March 19, 2015 by rtushnet

Mark McKenna and I drafted a law professors’ amicus in Dryer v. NFL, a right of publicity case now on appeal in the 8th Circuit. We argued for a strong First Amendment standard for non-advertising speech as well as for … Continue reading →

Posted in first amendment, http://schemas.google.com/blogger/2008/kind#post, my writings, preemption, right of publicity, trademark | Leave a comment

Pleading around Dastar?

Posted on March 19, 2015 by rtushnet

Kowalski v. Anova Food, LLC, 2014 WL 8105172, No. 11–00795 (D. Hawai’i Dec. 31, 2014)   Kowalski owns a patent entitled “Process For Manufacturing Tasteless Super–Purified Smoke For Treating Seafood To Be Frozen And Thawed.” He sued Anova for patent … Continue reading →

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

"I’m not a regular Republican, I’m a cool Republican"

Posted on March 19, 2015 by rtushnet

House GOP attempts to explain its immigration policy in .gif form.  There’s probably an interesting gender analysis to be done here about the use of reaction .gifs of women making extremely expressive faces but not saying much.  HT Phil Schrag. Bonus … Continue reading →

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

court certifies 11 state classes in "All Natural" challenge

Posted on March 17, 2015 by rtushnet

In re ConAgra Foods, Inc., No. CV 11–05379, 2015 WL 1062756 (C.D. Cal. Feb. 23, 2015)   I’ve tried to limit discussion of many issues in this huge opinion (40,000 words without footnotes). Plaintiffs, consumers from eleven different states, alleged … Continue reading →

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

9th Circuit reverses preemption finding in consumer protection case

Posted on March 16, 2015 by rtushnet

Reid v. Johnson & Johnson, 2015 WL 1089583, No. 12–56726, — F.3d – (9th Cir. Mar. 13, 2015)   Reid sued defendants (here J&J) based on claims about Benecol, a vegetable oil-based spread sold as a healthy substitute for butter … Continue reading →

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

Insurance misrepresentations could ground claims against Uber/Lyft

Posted on March 16, 2015 by rtushnet

Greater Houston Transportation Co. v. Uber Technologies, Inc., 2015 WL 1034254, No. 4:14–0941 (S.D. Tex. Mar. 10, 2015)   Taxi permit holders in Houston and San Antonio sued Uber and Lyft for tortious interference with business relations, unfair competition, and … Continue reading →

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

Transformative work of the day, kaleidoscope edition

Posted on March 12, 2015 by rtushnet

Ad Roulette: match audio from one ad with video from another and see what develops. Bonus question: unfixed derivative work?  Or something else? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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