Category Archives: Uncategorized

Uber’s safety claims not all puffery

Posted on July 22, 2015 by rtushnet

L.A. Taxi Cooperative, Inc. v. Uber Technologies, Inc., — F. Supp. 3d —-, 2015 WL 4397706, No. 15-cv-01257 (N.D. Cal. Jul. 17, 2015)   Uber makes various safety-related claims, such as its website’s claims to offer the “SAFEST RIDES ON … Continue reading →

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BBB claims about its own ratings process not protected by First Amendment

Posted on July 22, 2015 by rtushnet

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., No. 4D13-3916 (Fla. Ct. App. June 3, 2015) Expect more detailed analysis from Ann Lipton soon.   CC received an F grade from BBB and sued for … Continue reading →

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First Circuit lifts injunction requiring D’s use of (R) for P’s mark

Posted on July 21, 2015 by rtushnet

Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., — F.3d —-, 2015 WL 4366624, No. 14–23241 (1st Cir. July 16, 2015) (Souter, J., sitting by designation)   The district court granted a preliminary injunction based on a contractual violation, but … Continue reading →

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Transformative work of the day, Miss Piggy edition

Posted on July 21, 2015 by rtushnet

Miss Piggy sings Rihanna’s BBHMM.  You’re welcome. from Blogger http://ift.tt/1VpvSL0

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What claims work when D allegedly drives P down in Google rank through copying?

Posted on July 17, 2015 by rtushnet

Ryoo Dental, Inc. v. Han, 2015 WL 4208580, No. 15–308 (C.D. Cal. Jul. 9, 2015)   Ryoo Dental, a dental practice, had a website to promote its services, and allegedly spent considerable sums on “search engine optimization fees, photographing, editing, … Continue reading →

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New fair use app from New Media Rights

Posted on July 17, 2015 by rtushnet

From New Media Rights: New Media Rights spends quite a bit of time working directly with filmmakers and online video creators on fair use related issues. And while there are many amazing resources out there for filmmakers and online video … Continue reading →

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Transformative work of the day, Bryan Adams edition

Posted on July 17, 2015 by rtushnet

Pop sonnets: Substantial similarity? from Blogger http://ift.tt/1ObzxGS

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CD Cal rejects In re GNC for all the right reasons

Posted on July 16, 2015 by rtushnet

Zakaria v. Gerber Products Co., No. 15-cv-00200 (C.D. Cal. July 14, 2015)   Zakaria sued Gerber, bringing the usual California claims, based on Gerber’s alleged misrepresentations that Good Start Gentle infant formula reduces the risk to infants of developing atopic … Continue reading →

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False establishment claims not actionable under consumer protection law

Posted on July 14, 2015 by rtushnet

Aloudi v. Intramedic Research Group, LLC, 2015 WL 4148381, No. 15-cv-00882 (N.D. Cal. Jul. 9, 2015)   Aloudi brought the usual California/warranty claims against IRG for its claims about its JavaSLIM product, a “green coffee bean extract weight loss formula.” … Continue reading →

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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 Slave infringed his copyright to a composition, To Our Fallen.  Friedman also alleged violation … Continue reading →

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