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

With a face like that: Maybelline defeats class certification

Posted on May 15, 2014 by rtushnet

Algarin v. Maybelline, LLC, 2014 WL 1883772, No. 12cv3000 (S.D. Cal. May 12, 2014) This case shows the many hurdles now present for consumer class actions.  Once again, perhaps ironically, consumers have no remedy when the harm is probabalistic; only … Continue reading →

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

Expert testimony about Lanham Act standards is inadmissible

Posted on May 12, 2014 by rtushnet

SMD Software, Inc. v. Emove, Inc., 2014 WL 1807809, No. 5:08–CV–403 (E.D.N.C. May 7, 2014) The court denied reconsideration of its ruling excluding references to potentially applicable law by plaintiffs’ expert, Dr. Didow. Opinion testimony stating a legal standard or … Continue reading →

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

Film on fandom’s future influcing copyright and politics

Posted on May 9, 2014 by rtushnet

PBS Digital discusses the Future of Fandoms, with mentions of yours truly, including my recent article for a festschrift for Henry Jenkins, and the Organization for Transformative Works.  Worth watching just for the fan art on screen. 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

record-free consumer class action certified as ascertainable

Posted on May 8, 2014 by rtushnet

McCrary v. Elations Co., LLC, 2014 WL 1779243, No. EDCV 13–00242 (C.D. Cal. Jan. 13, 2014) The court certified a class alleging the usual California statutory claims against a supplement called Elations, whose label claimed a “clinically-proven combination” and/or “clinically-proven … Continue reading →

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

Another exercise shoe settlement

Posted on May 8, 2014 by rtushnet

Vibram settles false advertising case over claims that its “foot gloves” could strengthen foot muscles and reduce injuries, which seems to be the opposite of the truth, at least according to Deadspin. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

intent to abandon isn’t enough for abandonment, 9th Circuit rules

Posted on May 7, 2014 by rtushnet

Wells Fargo & Co. v. ABD Ins. & Financial Services, Inc., — F.3d —, 2014 WL 806385 (9th Cir. Mar. 3, 2014) (don’t know how I missed this in March, but catching up now) Opinion below denying a preliminary injunction … Continue reading →

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

Lifetime piling up: Aspen and new anti-first sale business models

Posted on May 7, 2014 by rtushnet

When I teach property, I generally don’t teach much IP because I’ve found I get frustrated with the necessary quickness of any coverage.  But they’ve come for my casebook, and so I must respond.  Aspen is making the next edition … Continue reading →

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

Color and price aren’t actionable representations about product

Posted on May 2, 2014 by rtushnet

Boris v. Wal-Mart Stores, Inc., No. CV 13–7090 2014 WL 1477404 (C.D. Cal. Apr. 9, 2014) Plaintiffs sued Wal-Mart for deceptively marketing Equate Migraine and Equate Extra Strength Headache Relief (Equate ES).  Both allegedly have the exact same active ingredients … Continue reading →

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

7-year ad campaign triggers Tobacco II’s reliance rules

Posted on May 1, 2014 by rtushnet

Dodson v. Tempur–Sealy International, Inc., No. 13–cv–04984, 2014 WL 1493676 (N.D. Apr. 16, 2014) Plaintiffs brought twenty-four claims under the laws of eleven states.  The alleged misrepresentations were that Tempur products are “formaldehyde free;” are “free of harmful VOCs [volatile … Continue reading →

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

claims about conduct’s legality don’t violate Lanham Act

Posted on May 1, 2014 by rtushnet

Ameritox, Ltd. v. Millennium Laboratories, Inc., No. 11–cv–775, 2014 WL 1456347 (M.D. Fla. Apr. 14, 2014) Previously, there have been several opinions in this false advertising case between competitors in the urine testing market.  Here, Millennium won summary judgment on … Continue reading →

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