Category Archives: Uncategorized

Pairing map with EPA mileage claims can misrepresent real-world mileage

Posted on November 30, 2015 by rtushnet

Kim v. General Motors, LLC, 99 F. Supp. 3d 1096 (C.D. Cal. 2015)   Kim sued GM for misleadingly advertising EPA estimated mileage figures and numbers derived from these figures as “actual, expected mileage under normal, real world driving conditions.” … Continue reading →

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Transformative work of the day, Jenny Holzer edition

Posted on November 25, 2015 by rtushnet

The Toast offers us Baby Jenny Holzer. from Blogger http://ift.tt/1POTjfR

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ABA Blawg 100

Posted on November 23, 2015 by rtushnet

I’m happy to be there again, along with a number of other fantastic blogs still going strong (not to mention my favorite hall of famer). from Blogger http://ift.tt/1Nafs6b

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If only the last Trump would sound: Trump University case continues

Posted on November 23, 2015 by rtushnet

Makaeff v. Trump University, LLC, 2015 WL 7302728, No. 10cv0940 (S.D. Cal. Nov. 18, 2015)   Charlatan and budding fascist Donald Trump failed to get rid of many consumer protection claims against him and his “Trump University” (now renamed).  Can’t … Continue reading →

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court skips recent precedent, finds only anonymous communications are “advertising or promotion”

Posted on November 23, 2015 by rtushnet

Arandell Corp. v. Walker, 2015 WL 7308649, No. 14-C-1279 (E.D. Wisc. Nov. 19, 2015)   This case illustrates that lawyering matters a lot; courts don’t always know the most recent circuit precedent.  Here, the only purported federal claim was false … Continue reading →

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Court rejects recall when falsely advertising defendant already notified customers

Posted on November 23, 2015 by rtushnet

Riverdale Mills Corp. v. Cavatorta North America, Inc., 2015 WL 7295541, No. 4:15-CV-40132 (Nov. 18, 2015)   Riverdale makes welded wire mesh for use in marine traps using a “galvanized after welding” (GAW) process followed by a polyvinyl chloride (PVC) … Continue reading →

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Trademark Law’s Fundamental Purposes, part 3

Posted on November 20, 2015 by rtushnet

Purposes and limits (or not) in modern trademark law:  Wendy Gordon, Rebecca Tushnet   RT: Stacey Dogan’s statement that as a practical matter we need justifications for copying/free riding—I didn’t want to believe it, but I’m coming around to that … Continue reading →

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Trademark Law’s Fundamental Purposes, part 2

Posted on November 20, 2015 by rtushnet

The role of justifications and equitable considerations in trademark law:  Stacey Dogan   Many of the early cases are limiting protection b/c of some interest they’re trying to protect on the other side—Borden is an exception.  Maybe a public right … Continue reading →

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Trademark Law’s Fundamental Purposes at BU

Posted on November 20, 2015 by rtushnet

IP Conversations:  Trademark Law’s Fundamental Purposes, Boston University School of Law   The debate over normative foundations:  Mark McKenna: up until the 1920s-40s, courts uniformly understood that unfair competition was about trade diversion, illegitimately getting business that should have gone … Continue reading →

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Statement isn’t literally false when plaintiff can’t definitely be identified from it

Posted on November 18, 2015 by rtushnet

Service Jewelry Repair, Inc. v. Cumulus Broadcasting, LLC, 2015 WL 7112334, No. 14–cv–1901 (M.D. Tenn. Nov. 13, 2015)   Service Jewelry provides jewelry sales and services; from 2010-2014, it promoted its products on a local radio station, WWTN-FM, by buying … Continue reading →

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