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

Pom Wonderful post-argument

Posted on April 21, 2014 by rtushnet

I’ll be speaking at this AU Washington College of Law event, which will be webcast (follow the link). Panelists: Brian Boynton, Partner, Wilmer Hale Rebecca Tushnet, Professor, Georgetown Law School Samuel Gedge, Associate, Wiley Rein LLP Moderated by Prof. Christine Farley, … Continue reading →

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A couple of Google v. Garcia amicus briefs

Posted on April 17, 2014 by rtushnet

Int’l Documentary Ass’n brief, now with actual evidence on standard contracts! Makes a nice pair with Netflix’s brief, which cogently criticizes Kozinski’s entirely typical reliance on “facts” not in the record about what standard entertainment contracts are like. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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ordinary consumer goods jump on the lawsuit waiver bandwagon

Posted on April 17, 2014 by rtushnet

We all knew it was only a matter of time.  Apparently not sure that merely buying a product with a lawsuit waiver on the wrapper would work, GM now seeks to bind consumers who visit its website or “like” its … Continue reading →

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The ASA on insufficiently close comparisons

Posted on April 16, 2014 by rtushnet

The ASA found Made.com’s ad misleading for claiming “FURNITURE DIRECT FROM THE MAKERS By the time the average sofa hits the high street it’s been marked up by 500%. Agents, importers and wholesalers all add a little extra along the … Continue reading →

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FDA has a standard, so no Lanham Act claim can be made

Posted on April 15, 2014 by rtushnet

OraLabs, Inc. v. Kind Group LLC, 2014 WL 1395954, No. 13–cv–00170 (D. Colo. Apr. 10, 2014) The court adopted the magistrate judge’s recommendation to deny Kind leave to amend its counterclaims to add a Lanham Act false advertising claim. OraLabs … Continue reading →

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Standard false advertising case doesn’t involve public benefit in Minn.

Posted on April 14, 2014 by rtushnet

Select Comfort Corp. v. Tempur Sealy International, Inc., No. 13–2451, 2014 WL 1379082 (D. Minn. Apr. 8, 2014) Select Comfort and Tempur Sealy compete to sell mattresses, with Select Comfort owning registered marks for Select Comfort and Sleep Number.  Defendant … Continue reading →

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Here to cheer on a mission from Garcia

Posted on April 9, 2014 by rtushnet

This story about a Raiderette’s lawsuit against the Raiders for violating employment law is interesting in itself, but an eagle-eyed correspondent points out that there is a very important word missing in the contract (attached to the complaint) post-Garcia.  Here … Continue reading →

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Uber alles except unfair competition

Posted on April 9, 2014 by rtushnet

I predict that Mark Lemley will not like this decision but that Mark McKenna will. Boston Cab Dispatch, Inc. v. Uber Technologies, Inc., 2014 WL 1338148 No. 13–10769 (D. Mass. Mar. 27, 2014) Plaintiffs sued Uber for false advertising, unfair … Continue reading →

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predictions of future events aren’t actionable false advertising

Posted on April 9, 2014 by rtushnet

Duty Free Americas, Inc. v. Estée Lauder Cos., 2014 WL 1329359, No. 12–60741 (S.D. Fla. Mar. 31, 2014) This is mostly an antitrust case; the antitrust claims are all dismissed because no one wins antitrust cases.  DFA operates duty-free stores … Continue reading →

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using metatags/buying AdWords isn’t trademark use

Posted on April 9, 2014 by rtushnet

Radiancy, Inc. v. Viatek Consumer Products Group, Inc., 2014 WL 1318374, No. 13–cv–3767 (S.D.N.Y. Apr. 1, 2014) And now for a different result on the pleading standards for affirmative defenses!  Among the many arguments in this case, Viatek raised unclean … Continue reading →

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