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

PTO/NTIA upcoming copyright roundtables

Posted on July 2, 2014 by rtushnet

If you want to speak up for remix culture and are around Berkeley or LA, you can still register for the Los Angeles and Berkeley Green Paper Roundtables.  Registration is open for the Los Angeles roundtable until COB July 8, … Continue reading →

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court enjoins company’s claim to be another company’s founder

Posted on July 2, 2014 by rtushnet

Galvotec Alloys, Inc. v. Gaus Anodes Intern., LLC, 2014 WL 2918581, No. 7:13–CV–664 (S.D. Tex. June 26, 2014) Galvotec was founded in 1984 by Rogelio Garza and brothers Luis Miguel and Ramon Galvan. Gaus was founded in 2005 by a … Continue reading →

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spy in the house of conservative IP thought

Posted on July 1, 2014 by rtushnet

American Enterprise Institute Center for Internet, Communications, and Technology Policy Copyrights and innovation: Understanding the debate Moderator: Jeffrey Eisenach, AEI: 80% of market cap of Fortune 500 is from various forms of intangible property.  Different from traditional capital.  (RT: Well, … Continue reading →

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correcting false advertising before money changes hands isn’t enough

Posted on July 1, 2014 by rtushnet

Helde v. Knight Transportation, Inc., 982 F. Supp. 2d 1189 (W.D. Wash. 2013) This is mostly a wages case, but it provides a reminder that bait and switch advertising is generally actionable under consumer protection law.  Here, plaintiffs claimed a … Continue reading →

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Website statements aren’t trade dress for insurance purposes

Posted on June 27, 2014 by rtushnet

Test Masters Educational Services, Inc. v. State Farm Lloyds, 2014 WL 2854536, No. H–13–1706 (S.D. Tex. June 23, 2014) Test Masters offers test prep services.  It was involved in a series of lawsuits by and against third party competitor Singh.  … Continue reading →

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multiplicity of products and labels makes class unascertainable

Posted on June 27, 2014 by rtushnet

Bruton v. Gerber Products Co., No. 12-CV-02412, 2014 WL 2860995 (N.D. Cal. June 23, 2014) Bruton brought the usual California claims against Gerber for mislabeling certain food products intended for children under 2. She challenged Gerber’s nutrient content claims and … Continue reading →

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Class can be certified when product is allegedly worthless

Posted on June 25, 2014 by rtushnet

Ortega v. Natural Balance, Inc., 2014 WL 2782329, No. CV 13–5942  (C.D. Cal. June 19, 2014) The court granted class certification for a California class of consumers of Cobra Sexual Energy, a dietary supplement containing various herbs, extracts, and other … Continue reading →

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UK ASA finds ad for journalistic Free Speech Network misleading

Posted on June 25, 2014 by rtushnet

Tragedy or farce?  I’ll take “couldn’t happen in the US” for $500, Alex. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Nonprofit’s former chapter has false advertising, not TM, claims against parent

Posted on June 25, 2014 by rtushnet

Alzheimer’s Disease Resource Center, Inc. v. Alzheimer’s Disease and Related Disorders Association, Inc. 981 F. Supp. 2d 153 (E.D.N.Y. 2013) Plaintiff ADRC is the former Long Island chapter of defendant Association, dedicated to fighting Alzheimer’s.  In 1998, the parties entered … Continue reading →

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You have to laugh or you’ll cry: supplement regulation

Posted on June 24, 2014 by rtushnet

John Oliver has yet another fantastic, and accurate, advertising law-related story, this time focusing on the deliberate unregulation of dietary supplements. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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