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

Ninth Circuit revives consumer claims against Sony

Posted on May 27, 2014 by rtushnet

In re Sony PS3 “Other OS” Litig., 551 Fed.Appx. 916, No. 11–18066 (9th Cir. Jan. 6, 2014) (belated; just showed up in Westclip) The court of appeals partially reversed the dismissal of plaintiffs’ claims against Sony for disabling the ability … Continue reading →

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

"generic" claims may be governed by FDA standard regardless of regulatory status

Posted on May 27, 2014 by rtushnet

Mission Pharmacal Co. v. Virtus Pharmaceuticals, LLC, 2014 WL 2119237, No. 5:13–CA–176 (W.D. Tex. Apr. 28, 2014) (magistrate judge, report & recommendation adopted) This started as a patent infringement suit and added false advertising; the opinion here denies summary judgment … Continue reading →

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

Apple loses 230 defense to app privacy claims but still wins dismissal

Posted on May 27, 2014 by rtushnet

Opperman v. Path, Inc., 2014 WL 1973378,  No. 13-cv-00453 (N.D. Cal. May 14, 2014) This big class action against Apple and fourteen app developers has a lot of issues; I’ll try to focus on the consumer protection parts.  Plaintiffs alleged … Continue reading →

Posted in 230, california, http://schemas.google.com/blogger/2008/kind#post, privacy, standing | Leave a comment

Reading list: TM/false advertising surveys

Posted on May 23, 2014 by rtushnet

Trademark and Deceptive Advertising Surveys: Law, Science, and Design (ed. Shari Seidman Diamond & Jerre B. Swann, 2012): A collection of essays surveying various aspects of the law and offering the authors’ opinions on those aspects.  Of particular note: Itmar … Continue reading →

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

Orphan works and myths of fair use

Posted on May 22, 2014 by rtushnet

Opponents of fair use have settled on a few simple arguments–fair use is too unpredictable, it’s too big (slight tension there), and it’s too American. Brandon Butler, Michael Carroll, and Peter Jaszi have taken the opportunity to rebut them in … Continue reading →

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Pom Wonderful and other misleading food claims

Posted on May 22, 2014 by rtushnet

Alan Levinovitz has a great article in Slate about scientific claims on food, which he argues are both misleading us and making us dumber.  You should read the whole thing, not least because he (perhaps with tongue in cheek?) calls … Continue reading →

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

Unsubstantiated "more powerful" claim leads to more powerful recall

Posted on May 21, 2014 by rtushnet

Groupe SEB USA, Inc v. Euro-Pro Operating LLC, 2014 WL 2002126, No. 14–137 (W.D. Pa. May 15, 2014) (magistrate judge) Previous opinion.  Here, the court grants a preliminary injunction against certain statements found to be literally false. The parties compete … Continue reading →

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

When is help with a free process worth $80?

Posted on May 20, 2014 by rtushnet

Charging $80 to fill out a free application for student aid?  Vox has a story about two websites that do so, using official sounding domain names.  Shades of DMV.org.  The story claims that the federal government’s recent registration of a … Continue reading →

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

Even big businesses need consumer protection law

Posted on May 19, 2014 by rtushnet

American Demolition and Nuclear Decommissioning, Inc. v. IBCS Group, Inc., 2014 WL 1906791, No. 3:11CV00078 (W.D. Va. May 13, 2014) ADND (now there’s an acronym!) is a New York corporation that provides demolition, decommissioning, and environmental remediation services. In 2009, … Continue reading →

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

Fair use twofer: motion to dismiss and summary judgment for critical uses

Posted on May 15, 2014 by rtushnet

Caner v. Smathers, No. 4:13-CV-494 (N.D. Tex. Apr. 17, 2014) If hard cases make bad law, it may also be that sometimes jerks make good law.  Here is an addition to the growing number of cases finding fair use on … Continue reading →

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