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

Dastar-barred claims can’t be repled as false advertising claims

Posted on July 14, 2015 by rtushnet

Friedman v. Zimmer, No. 15-502 (C.D. Cal. Jul. 10, 2015)   Richard Friedman sued Hans Zimmer and others, alleging that the score to 12 Years a Slaveinfringed his copyright to a composition, To Our Fallen.  Friedman also alleged violation of … Continue reading →

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

Is it awful of me to want a Downfall remix featuring historians reacting?

Posted on July 14, 2015 by rtushnet

Historians react with anger to Goebbels copyright ruling. H/T Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Amicus seeking rehearing in In re GNC

Posted on July 13, 2015 by rtushnet

Brian Wolfman and I just filed this amicus on behalf of law professors seeking rehearing in the In re GNC case, which badly misunderstood literal falsity. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

And his fate is still unlearn’d: Subway overcharge claim fails

Posted on July 10, 2015 by rtushnet

Hollander v. Metropolitan Transp. Authority, 2015 N.Y. Slip Op. 50991(U), 2015 WL 4077193, No. 160972/13 (Sup. Ct. June 25, 2015)   Hollander sued the MTA on behalf of purchasers of 7–Day and 30–Day MetroCards, alleging they were falsely advertised because … Continue reading →

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A rant on the Copyright Office’s Orphan Works proposal

Posted on July 9, 2015 by rtushnet

And it’s not even from me!  As a dedicated ranter, however, I must recognize greatness in ranting when it appears.  Kyle Courtney, my hat’s off to you. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Reading list: Christine Jolls on visual disclosures

Posted on July 7, 2015 by rtushnet

Christine Jolls, Debiasing Through Law and the First Amendment, 67 Stan. L. Rev. 1411 (2015): Law often compels the disclosure of information in particular—and, increasingly today, in visual—forms. Some judges conclude that such modern disclosure requirements break with the First … Continue reading →

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

Exaggerated and outdated photos literally false, court rules

Posted on July 6, 2015 by rtushnet

Spruce Environmental Technologies, Inc. v. Festa Radon Technologies, Co., 2015 WL 4038802, No. 15–11521 (D. Mass. July 2, 2015)   Spruce and Festa compete in the radon mitigation industry, selling products for testing and reducing indoor levels of the colorless … Continue reading →

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Venable on notable NAD product name ruling

Posted on July 6, 2015 by rtushnet

Amy Mudge and Randall Shaheen explain the NAD’s take on product names: if you put two terms together, as in “Nourishing Coconut Shampoo,” the ingredient has to provide the benefit.  If not, it has to be called “Nourishing Shampoo with … Continue reading →

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Clearblue’s pregnancy test gets the blues: recall ordered for false advertising

Posted on July 6, 2015 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, 2015 WL 4002468, No. 14–CV–585 (S.D.N.Y. July 1, 2015)   A good old-fashioned false advertising case about pregnancy tests!  Prior opinion, refusing to dismiss the claims as preempted in light … Continue reading →

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

UK ad regulator disapproves of negative puffery

Posted on July 1, 2015 by rtushnet

One big difference between the US and the EU in comparative advertising is that what we would consider negative puffery, like “overpriced,” the EU bans as not sufficiently objective.  In this ASA adjudication, the advertiser both ran a review site … Continue reading →

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