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

Lanham Act 43(a) and Rule 9(b)

Posted on February 18, 2014 by rtushnet

SKEDKO, Inc. v. ARC Products, LLC, 2014 WL 585379, No. 3:13–cv–00696 (D. Ore. Feb. 13, 2014) Short opinion finding that Rule 9(b) applies to Lanham Act false advertising claims (here, counterclaims), because they sound in fraud.  Fraud might not be … Continue reading →

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

retail purchases mean class isn’t ascertainable

Posted on February 18, 2014 by rtushnet

Sethavanish v. ZonePerfect Nutrition Co., 2014 WL 580696, No. 12-2907 (N.D. Cal. Feb. 13, 2014) Another case finding that, because the product is cheap and people don’t keep purchase records, and because somebody might lie to get a piece of … Continue reading →

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

HLR Free Speech Symposium: Jack Balkin, Old School/New School Speech Regulation

Posted on February 18, 2014 by rtushnet

Speech presupposes an infrastructure. Sometimes obvious, sometimes not.  NYT isn’t simply the print on the page, it’s a staff and a building and printers and printers’ unions and delivery trucks and ad agencies and all the infrastructure that allows that … Continue reading →

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

HLR Free Speech Symposium: Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment

Posted on February 17, 2014 by rtushnet

My paper versus the other topics: One of these things is not like the others.  Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not … Continue reading →

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

HLR Free Speech Symposium: Marvin Ammori, Free Speech Lawyering in the Age of Google and Twitter

Posted on February 17, 2014 by rtushnet

Ben Lee, as a second year, interned at the firm that represented the NYT in NYT v. Sullivan. Now a lawyer for Twitter: 50 years from now when we think of the major episodes in free expression law, we’ll remember … Continue reading →

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

HLR Symposium, Panel 2: Sonja R. West, Press Exceptionalism

Posted on February 17, 2014 by rtushnet

Right now reporters have no special protections against trespass, breach of duty of loyalty, having their newsrooms searched, etc.  Journalists who receive leaks can be treated as criminals under some circumstances. No special right of access to places/meetings: if we … Continue reading →

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

HLR symposium on freedom of the press: Mark Tushnet & Susan Crawford

Posted on February 17, 2014 by rtushnet

Harvard Law Review Symposium 2014: Freedom of the Press Introduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the … Continue reading →

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

Neither EPA nor FTC preempt fuel economy consumer protection claim

Posted on February 13, 2014 by rtushnet

Gilles v. Ford Motor Co. — F.Supp.2d —-, 2014 WL 544990 (D.Colo. Feb. 12, 2014) Gilles sued Ford for falsely advertising the gas mileage of his 2013 Ford Escape SE. The court denied a motion to dismiss on preemption grounds. … Continue reading →

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

Trademark licensor must be joined even when plaintiff is exclusive licensee

Posted on February 13, 2014 by rtushnet

Aceto Corporation v. TherapeuticsMD, Inc., 953 F. Supp. 2d 1269 (S.D. Fla. 2013) Aceto sells various pharmaceutical/nutritional ingredients and other chemicals.  Defendants allegedly make and sell a line of prenatal vitamins, Prena1, that violate Aceto’s exclusive US rights to a … Continue reading →

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

gay conversion therapy as false advertising

Posted on February 13, 2014 by rtushnet

Story via Salon.  As repugnant as I find these outfits, this might be a new frontier in identifying false/falsifiable claims. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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