Category Archives: Uncategorized

27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA—A Transatlantic Dialogue on Online Platform Liability and Copyright Law

Posted on April 7, 2023 by rtushnet

Tutorial “The EU Digital Services Act – Overview and Central Features” General DSA Architecture and Approach      Martin Senftleben, University of Amsterdam Formally, the safe harbor system is still in place for mere conduit, caching and hosting services for third-party information … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

lidocaine suits find pain point as judge dismisses claim

Posted on April 4, 2023 by rtushnet

 Prescott v. Rite Aid Corp., — F.Supp.3d —-, 2023 WL 2753899, No. 22-cv-05798-VC (N.D. Cal. Apr. 3, 2023) Breaking with several previous cases, this court holds that Rite Aid’s “Maximum Strength Pain Relief Lidocaine Patches” with 4% aren’t misleading even … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

consumer survey can’t make a scientifically wrong use of a term right

Posted on April 3, 2023 by rtushnet

Gunaratna v. Dennis Gross Cosmetology LLC, No. CV 20-2311-MWF (GJSx), 2023 WL 2628620 (C.D. Cal. Mar. 15, 2023) Plaintiff challenged defendant’s “C + Collagen” claim as falsely indicating that its product actually contained collagen.   Defendant wants to make this … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

lidocaine patch, allegedly not “maximum strength,” gives Walmart some pain

Posted on April 3, 2023 by rtushnet

Rodriguez v. Walmart Inc., 2023 WL 2664134, 22-CV-2991 (JPO) (S.D.N.Y. Mar. 28, 2023) This is another lidocaine lawsuit finding that plaintiffs stated a claim under New York’s GBL based on allegedly false advertising that Walmart’s patches and creams deliver a … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“Paris” on makeup doesn’t itself indicate origin

Posted on March 31, 2023 by rtushnet

Eshelby v. L’Oréal USA, Inc., 2023 WL 2647958, 22 Civ. 1396 (AT) (S.D.N.Y. Mar. 27, 2023) Eshelby sued L’Oréal over its use of “Paris” (including as part of the brand name “L’Oréal Paris”) and French-language text in ads and on … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

(c) ownership claim allows both (c) and Lanham Act claims on motion to dismiss

Posted on March 31, 2023 by rtushnet

Estate of Henry Joseph Darger v. Lerner, 2023 WL 2664341, No. 22 C 03911 (N.D. Ill. Mar. 28, 2023) Darger “was an artist who died in obscurity but whose work received significant posthumous acclaim.” The Estate alleged that his copyrights … Continue reading →

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

Third Circuit follows Second in protecting medical journals against trade libel claims

Posted on March 27, 2023 by rtushnet

Pacira Biosciences, Inc. v. American Soc’y of Anesthesiologists, Inc., — F.4th —-, 2023 WL 2621131, No. 22-1411 (3d Cir. Mar. 24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

“Safe” not puffery in context of electric dog collars

Posted on March 27, 2023 by rtushnet

Hernandez v. Radio Systems Corp., No. EDCV 22-1861 JGB (KKx), 2023 WL 2629020 (C.D. Cal. Mar. 9, 2023) Hernandez brought the usual California claims against RSC for  allegedly false and misleading advertising of its electric collar products for pets under … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Protecting Creativity with a Bottle of Jack on the Floribama Shore (and tiny JDI oral argument observations)

Posted on March 24, 2023 by rtushnet

Media Law Resource Center conference, Southwestern Law School Kevin Vick, Jassy Vick Carolan LLP (Moderator) Just a few panel notes since I’m not going to recap Rogers or MFGB v. Viacom. Evynne Grover, Vice President, Media Liability Claims Practice Leader, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Another digital “buy” button case survives motion to dismiss

Posted on March 23, 2023 by rtushnet

McTyere v. Apple, Inc, 2023 WL 2585888, No. 21-CV-1133-LJV (W.D.N.Y. Mar. 21, 2023) Plaintiffs alleged that Apple made false representations when it “sold” them digital content on the iTunes Store only to later remove their access to that same digital … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment