Category Archives: Uncategorized

FDA pre-approval doesn’t bar Lanham Act false advertising claim against device

Posted on May 21, 2015 by rtushnet

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 14 Civ. 00585, 2015 WL 2359467 (S.D.N.Y. Mar. 24, 2015)   Earlier discussion.  SPD argued that the FDCA barred Lanham Act false advertising claims against it because the FDA … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

4th Circuit adopts Rogers, lifts injunction against disparaging reference to NAACP

Posted on May 21, 2015 by rtushnet

Radiance Foundation, Inc. v. National Association for the Advancement of Colored People, No. 14-1568 (4th Cir. May 19, 2015)   The Radiance Foundation published an article online entitled “NAACP: National Association for the Abortion of Colored People” that criticized the … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Pop goes the lawsuit: “original” ice pop claim could be false advertising

Posted on May 20, 2015 by rtushnet

Conopco Inc. v. Wells Enterprises, Inc., No. 14 Civ. 2223, 2015 WL 2330115 (S.D.N.Y. May 13, 2015)   Wells makes the Bomb Pop, the first red-white-and-blue rocket-shaped ice pop sold in the US, created in 1955, and markets it as … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

His red (copy)right hand

Posted on May 20, 2015 by rtushnet

Transformative work of the day, Dr. Seuss meets Nick Cave and the Bad Seeds edition. “He’ll rekindle all the dreams it took you a lifetime to destroy.” from Blogger http://ift.tt/1K0Il0p

Posted in Uncategorized | Tagged , | Leave a comment

Garcia v. Google reversed; many sigh in relief

Posted on May 19, 2015 by rtushnet

Garcia v. Google, Inc., No. 12-57302, — F.3d – (9th Cir. May 18, 2105) (en banc)   Judge McKeown wrote the majority opinion. Garcia was fooled into taking part in a movie that turned out to be the awful Innocence … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Close but no cigar: “worked closely” claim is puffery

Posted on May 18, 2015 by rtushnet

Springbrook Software, Inc. v. Douglas County, 2015 WL 2248449, No. 13–cv–760 (W.D. Wis. May 13, 2015) (magistrate judge)   Springbrook sued Douglas County and the City of Superior for breach of contract and related claims after they stopped paying fees … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Reading list: James Grimmelmann on Lauren Willis

Posted on May 15, 2015 by rtushnet

Two great tastes that taste great together: The always-entertaining James Grimmelmann on the always-enlightening Lauren Willis: Two decades ago, contract law ran headlong into online terms of service, looked around briefly in confusion, and announced that it needed to go … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

ascertainability defeats class but EULA doesn’t

Posted on May 15, 2015 by rtushnet

Perrine v. Sega of America, Inc., No. 13-cv-01962, 2015 WL 2227846 (N.D. Cal. May 12, 2015)   Gearbox developed and Sega produced the game “Aliens: Colonial Marines,” “held out as the canon sequel to James Cameron’s 1986 film ‘Aliens.’”  The … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

New Jersey court rejects ascertainabilty requirement for class actions

Posted on May 14, 2015 by rtushnet

Daniels v. Hollister Co., — A.3d —-, 2014 WL 8808428, No. A–3629–13T3 (N.J. Super. Ct. App. Div. May 13, 2015)   Of interest because it’s a state court within the Third Circuit rejecting that circuit’s view of “ascertainability” in class … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Prior proceedings: no confusion where defendant existed for 100 years

Posted on May 14, 2015 by rtushnet

Sovereign Military Hospitaller Order of Saint John v. Florida Priory of the Knights Hospitallers of the Sovereign Order of Saint John, 2014 WL 8804752, No. 09–81008–CIV (S.D. Fla. Aug. 19, 2014)   Westlaw just coughed this one up and I … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment