Category Archives: Uncategorized

phthalates could be “ingredient” for purposes of falsifying “only natural ingredients”

Posted on April 20, 2026 by rtushnet

Wysocki v. Chobani, LLC, — F.Supp.3d —-, 25-cv-00907-JES-VET, 2026 WL 926713 (S.D. Cal. Apr. 6, 2026) Wysocki alleged that Chobani’s Greek Yogurt had dangerous phthalates in it. Phthalates are “a group of chemicals [the U.S. Food and Drug Administration (“FDA”) … Continue reading →

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Brita’s clearly qualified filtration claims couldn’t mislead reasonable consumers as to lack of qualification

Posted on April 20, 2026 by rtushnet

Brown v. Brita Products Company, — F.4th —-, 2026 WL 1028347 No. 24-6678 (9th Cir. Apr. 16, 2026) Unlike 800-thread count sheets (see previous post), a reasonable consumer would not expect a fifteen-dollar water filter to “remove or reduce to … Continue reading →

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an impossible claim is literally false and actionable if believing it is reasonable

Posted on April 20, 2026 by rtushnet

Panelli v. Target Corp., — F.4th —-, 2026 WL 1042441, No. 24-6640 (9th Cir. Apr. 17, 2026) Something that I don’t yet have a full handle on is happening in 9th Circuit consumer protection cases around literal falsity v. ambiguity. … Continue reading →

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Panel 6: Unanticipated Consequences of New Technologies and Practices

Posted on April 17, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Jennifer Urban, UC Berkeley Law (Speaker and Moderator) Daniel Gervais, Vanderbilt Law: Copyright act as undergirding licensing architectures for AI. © rights are inert without … Continue reading →

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Panel 5: Copyrightable Subject Matter and the Special Problem of Software

Posted on April 17, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Pamela Samuelson, UC Berkeley Law (Moderator and Speaker): discusses history (in which she was intimately involved as an intellectual powerhouse). From uncertainty over whether software … Continue reading →

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Copyright Act Panel 4: The Shifting Line Between Federal and State Protection

Posted on April 17, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976  R. Anthony Reese, UCI School of Law Fundamental change: eliminating common-law copyright for unpublished works and unifying the regime at creation. Contemporaries like Ralph Sharp Brown saw … Continue reading →

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Panel 3: The Scope of Exclusive Rights and Modes of Enforcement

Posted on April 16, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Erik Stallman, UC Berkeley Law (Moderator) Christopher Sprigman, NYU Law: Restatement of ©: assumes perspective of common law court, attentive to and respectful of precedent … Continue reading →

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Posted on April 16, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act Panel 2: The Role of the Author and the Acquisition and Duration of Their Rights Molly Van Houweling, UC Berkeley Law (Moderator) Tyler Ochoa, Santa … Continue reading →

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29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act: Origins of the Copyright Act

Posted on April 16, 2026 by rtushnet

29th Annual BTLJ-BCLT Spring Symposium: Origins, Evolution, and Possible Futures of the 1976 Copyright Act [apologies—seriously delayed flight means my notetaking will be bad.] Panel 1: Origins of the 1976 Copyright Act Peter Menell, UC Berkeley Law (Speaker and Moderator): … Continue reading →

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FTC mostly succeeds in avoiding dismissal of claims against Uber; states must replead

Posted on April 15, 2026 by rtushnet

Federal Trade Comm’n v. Uber Technol., Inc., 2026 WL 976077, No. 25-cv-03477-JST (N.D. Cal. Apr. 10, 2026) Since November 2021, Uber has offered a subscription plan called Uber One, typically $9.99 a month or $96 annually with automatic charging and … Continue reading →

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