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

"unlimited" service that was actually limited could deceive consumers

Posted on October 7, 2013 by rtushnet

Chapman v. Skype Inc., — Cal.Rptr.3d —-, No. B241398, 2013 WL 5502960 (Ct. App. Oct. 4, 2013) Chapman alleged that Skype falsely advertised its voice over IP calling plans as “Unlimited” when they actually limited the number of minutes per … Continue reading →

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mere lack of substantiation isn’t actionable by consumers

Posted on October 7, 2013 by rtushnet

Nilon v. Natural-Immunogenics Corp., No. 3:12cv00930, 2013 WL 5462288 (S.D. Cal. Sept. 30, 2013) Defendant NI sells a colloidal silver dietary supplement, “basically positively charged silver particles suspended in purified water,” that claims to provide immune support.  Nilon bought it … Continue reading →

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another evaporated cane juice plaintiff gets to proceed

Posted on October 7, 2013 by rtushnet

Werdebaugh v. Blue Diamond Growers, No. 12–CV–02724, 2013 WL 5487236 (N.D. Cal. Oct. 2, 2013) The usual California claims, this time directed at Blue Diamond’s almond milk products and snack foods, which allegedly falsely claimed to be “All Natural” despite … Continue reading →

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

The political economy of zombies

Posted on October 3, 2013 by rtushnet

This essay on the new zombie genre has a great analysis of the IP of the zombie apocalypse in Colson Whitehead’s Zone One In Whitehead’s imagination, the forces that be – the remnants of the U.S. government still holding on … Continue reading →

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New treatise on fashion law

Posted on October 3, 2013 by rtushnet

Lois Herzeca and my former Debevoise colleague (now at Gibson Dunn) Howard Hogan have just released Fashion Law and Business: Brands & Retailers.  My blurb calls it an “accessible overview of key issues facing any fashion business, with case studies, … Continue reading →

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

Organization for Transformative Works: fundraising drive

Posted on October 2, 2013 by rtushnet

The Organization for Transformative Works is having a fundraising drive!  Donations support our work protecting and preserving fannish cultures, including our work on the DMCA remix exemptions, our open access journal, one of Time’s top ten websites of the year, … Continue reading →

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Newton law: puree is real fruit

Posted on October 1, 2013 by rtushnet

Manchouck v. Mondelēz International Inc., No. C 13–02148, 2013 WL 5400285 (N.D. Cal. Sept. 26, 2013) This one’s short: Manchouck argued that Nabisco’s strawberry and raspberry Newton cookies were not “made with real fruit,” as labeled, but merely with “mechanically … Continue reading →

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