Category Archives: Uncategorized

WIPIP, PLENARY SESSION 1 — Race, Gender, and IP

Posted on February 12, 2021 by rtushnet

Dan Burk, University of California, Irvine School of Law Racial Bias in Algorithmic IP Unpacking bias: divergent meanings: statistical bias (sampling), design (wrong type of model, model created for one purpose used for another), the fact that “raw data” is … Continue reading →

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unconscionability prevents enforcement of arbitration agreement for consumer claims

Posted on February 3, 2021 by rtushnet

Cabatit v. Sunnova Energy Corp., No. C089576, — Cal.Rptr.3d —-, 2020 WL 8365909 (Ct. App. Dec. 31, 2020) California isn’t fond of mandatory consumer arbitration. Here, the court finds the arbitration agreement unconscionable and refuses to enforce it against a … Continue reading →

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survey sustains false advertising claim alleging misleading use of military imagery

Posted on February 3, 2021 by rtushnet

Mahindra & Mahindra Ltd. v. FCA US LLC, 2021 WL 323253, No. 18-cv-12645 (E.D. Mich. Feb. 1, 2021) Plaintiffs sued FCA for a judgment of noninfringement of the Jeep grille design in its Roxor vehicle (which dispute mainly took place … Continue reading →

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Uber avoids taxi suit because of causation problems

Posted on February 1, 2021 by rtushnet

Ezeokoli v. Uber Technol., Inc., 2021 WL 247975, No. A156445 (Cal. Ct. App. Jan. 26, 2021) Plaintiffs, a putative class of taxi drivers, lost this Lanham Act false advertising appeal because they couldn’t show that Uber’s allegedly false statements harmed … Continue reading →

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Videos in conjunction with my advertising law class

Posted on February 1, 2021 by rtushnet

 In this pandemic year, I’m experimenting with short videos as part of the pre-class materials. They generally elaborate on a point to set up class discussion. I’m sharing them because, as Tom Lehrer says, they might prove useful to some … Continue reading →

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Book talk: global mandatory fair use via the Berne quotation right

Posted on January 29, 2021 by rtushnet

Tanya Aplin & Lionel Bently, Global Mandatory Fair Use, AU Book Talk. Based on their new book. Art 10(1) Berne Convention: It shall be permissible to make quotations from a published work; mention shall be made of the source and … Continue reading →

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surveys/expert evidence of deception still not required in consumer protection claims

Posted on January 25, 2021 by rtushnet

Hawkins v. Kroger Co., 2021 WL 210843, No. 15cv2320 JM (AHG) (S.D. Cal. Jan. 11, 2021) Hawkins sued, with the usual California claims, because Kroger breadcrumbs said “0g Trans Fat Per Serving”  on the front and the nutrition label said … Continue reading →

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when is a publisher sufficiently beholden to a manufacturer to engage in commercial speech?

Posted on January 25, 2021 by rtushnet

Ariix, LLC v. NutriSearch Corp., No. 19-55343 (9th Cir. Jan. 22, 2021) Over a dissent, the court reverses the district court’s dismissal of a false advertising claim against a purportedly independent supplement guide that allegedly is linked, behind the scenes, … Continue reading →

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Happy inauguration day to Redbubble in particular: 9th Cir. affirms functionality in Lettuce Turnip the Beet

Posted on January 20, 2021 by rtushnet

LLTB LLC v. Redbubble, Inc., No. 19-16464 (9th Cir. Jan. 20, 2021) LTTB LLC sells t-shirts and other goods bearing its registered trademarks, the words and design, “LETTUCE TURNIP THE BEET.”  LTTB sued Redbubble for infringing by selling products containing … Continue reading →

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Dastardly DoorDash fails to get restaurant complaint dismissed, including under UCL/FAL

Posted on January 19, 2021 by rtushnet

Lona’s Lil Eats, LLC v. DoorDash, Inc., No. 20-cv-06703-TSH, 2021 WL 151978 (N.D. Cal. Jan. 18, 2021) (magistrate) This case addresses a topic that’s received broader media coverage than most advertising issues. The magistrate finds that Lona’s sufficiently alleged false … Continue reading →

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