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

Music you can’t get in a library

Posted on July 29, 2014 by rtushnet

Planning for musical obsolescence: How digital licensing is destroying our ability to preserve history. Excerpt: When one goes to the LA Philharmonic site about this recording of Symphonie Fantastique and tries to purchase it, one is directed to the iTunes … Continue reading →

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

Yelp statements about its filters not protected by anti-SLAPP law or CDA

Posted on July 25, 2014 by rtushnet

Demetriades v. Yelp, Inc., 2014 WL 3661491, No. B247151 (Cal. Ct. App. July 24, 2014) Demetriades operates restaurants and sued Yelp under California’s UCL and FAL based on claims about the accuracy and efficacy of its “filter” of unreliable or … Continue reading →

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

Transformative work of the day

Posted on July 25, 2014 by rtushnet

Pando.com publishes an entire issue of Reason magazine that’s not available in Reason’s online archives “for reasons that will become obvious”–it’s an entire special issue devoted to WWII “revisionism” and Holocaust denial.  Talk to me about fair use factor three! … Continue reading →

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

FTC announces settlement with "official" ticket seller that wasn’t

Posted on July 24, 2014 by rtushnet

Details at the FTC’s site.  I was interested in this because usually the FTC leaves alone cases in which a business victim is a likely plaintiff; it makes sense to use government resources to go after defendants who otherwise would … Continue reading →

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

Pom doesn’t change preclusion analysis for medical devices

Posted on July 23, 2014 by rtushnet

Catheter Connections, Inc. v. Ivera Medical Corp., 2014 WL 3536573, No. 2:14–CV–70 (D. Utah, July 17, 2014) The parties compete in the medical device market for infection-control devices.  At issue here are disinfectant caps incorporated into intravenous (IV) lines that … Continue reading →

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

regulating TM owner’s confusing use of TM doesn’t violate First Amendment

Posted on July 23, 2014 by rtushnet

AEP Texas Comm. & Indus. Retail Ltd. P’ship v. Public Util. Comm’n, 2014 WL 3558763, No. 03–13–00358–CV, — S.W.3d – (Tex. Ct. App. July 17, 2014) A complicated regulatory background is the setting for this case about the evidence required … Continue reading →

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

FTC goes after misleading certification mark

Posted on July 22, 2014 by rtushnet

Here’s some discussion of the FTC’s complaint from the FTC itself, with a link to the proposed settlement.  Unsurprising takeaway: If you purport to certify products as “Made in the USA,” it is a good idea to do some verification … Continue reading →

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

trademark beats copyright at surviving motion to dismiss

Posted on July 21, 2014 by rtushnet

Gorski v. Gymboree Corp., 2014 WL 3533324,  No. 14-CV-01314 (N.D. Cal. July 16, 2014) Via Eric Goldman.  Gorski and Gymboree both make shirts that feature the phrase “lettuce turnip the beet.” Gorski sued for copyright and trademark infringement; Gorski owns … Continue reading →

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

allegations about fake reviews can support false advertising claim

Posted on July 21, 2014 by rtushnet

American Bullion, Inc. v. Regal Assets, LLC, 2014 WL 3516252, No. CV 14–01873 (C.D. Cal. July 15, 2014) The parties compete to sell gold and other precious metals as retirement investments.  Plaintiff (ABI) advertises online using third-party affiliates, who get … Continue reading →

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Uber/under: false advertising and association claims against Uber continue

Posted on July 16, 2014 by rtushnet

Yellow Group LLC v. Uber Technologies Inc., No. 12 C 7967, 2014 WL 3396055 (N.D. Ill. July 10, 2014) Taxi medallion owners, taxi affiliations (taxi dispatch services), and livery service providers sued Uber, alleging that it competed unfairly by misrepresenting … Continue reading →

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