Category Archives: unfairness

Regression damages model fails to convince court

Reed Const. Data Inc. v. McGraw-Hill Companies, Inc., — F.Supp.3d —-, 2014 WL 4746130, No. 09–CV–8578 (S.D.N.Y. Sept. 24, 2014)   Reed sued McGraw-Hill for violations of the Lanham Act, the Sherman Act, and various state law torts. The parties … Continue reading

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court certifies 11 state classes in "All Natural" challenge

In re ConAgra Foods, Inc., No. CV 11–05379, 2015 WL 1062756 (C.D. Cal. Feb. 23, 2015)   I’ve tried to limit discussion of many issues in this huge opinion (40,000 words without footnotes). Plaintiffs, consumers from eleven different states, alleged … Continue reading

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Foie gras as speech? even so, it can still be challenged under UCL

Animal Legal Defense Fund v. LT Napa Partners LLC, 2015 WL 1004423, No. A139625 (Cal. Ct. App. Mar. 5, 2015   ALDF sued LT Napa alleging that defendants sold foie gras in their Napa restaurant in violation of California’s law … Continue reading

Posted in california, consumer protection, first amendment, unfairness | Leave a comment

Violating taxi regulations isn’t unfair competition in Pa.

Checker Cab Philadelphia, Inc. v. Uber Technologies, Inc., 2015 WL 966284, No. 14–7265 (E.D. Pa. Mar. 3, 2015)   Plaintiffs, taxi companies and their dispatch company, sought to enjoin Uber from operating an allegedly illegal taxi operation in Philadelphia; the … Continue reading

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Third Circuit affirms competitor’s victory in college course copying case

CollegeSource, Inc. v. AcademyOne, Inc., — Fed.Appx. —-, 2015 WL 469041, No. 12–4167 (3d Cir. Feb. 5, 2015)   CS and A1 compete in the market for college credit-transfer information. CS alleged that A1 misappropriated the contents of CS’s main … Continue reading

Posted in cfaa, contracts, copyright,, preemption, unfairness | Leave a comment

Another keyword defendant victory, among other tort claims

M-Edge Accessories LLC v. Inc., 2015 WL 403164,  No. MJG–11–3332 (D. Md. Jan. 29, 2015)   M-Edge started selling Kindle accessories soon after the Kindle was released. The parties’ relationship began well, but began to sour by 2011. M-Edge … Continue reading

Posted in, tortious interference, trademark, unfairness | Leave a comment

Dial U for unfair competition?

Liveperson, Inc. v. 24/7 Customer, Inc., 2015 WL 170348, No. 14 Civ. 1559 (S.D.N.Y. Jan. 13, 2015)   LivePerson “provides customers with live-interaction and customer engagement technology for e-commerce websites, enabling businesses to interact in real-time with their website customers.”  … Continue reading

Posted in cfaa, copyright, dmca, drm,, trade secrets, unfairness | Leave a comment

B&N almost entirely off the hook for copying backpack design

Rubio v. Barnes & Noble, Inc., 2014 WL 6769150, No. 14–CV–6561 (S.D.N.Y Nov. 11, 2014) Rubio sued her alma mater, the Fashion Institute of Technology (FIT) and Barnes & Noble, Inc. for copying her original drawing of a backpack, producing … Continue reading

Posted in copyright, dastar,, right of publicity, standing, trademark, unfairness | Leave a comment

The highs are too high: overdraft claims against HSBC continue in part

In re HSBC Bank, USA, N.A., Debit Card Overdraft Fee Litig., 1 F.Supp.3d 34 (E.D.N.Y. 2014) This case involves more of the charming practice of low-to-high charge posting, causing consumers to rack up numerous $35 overdraft charges in a single … Continue reading

Posted in california, consumer protection,, preemption, unfairness | Leave a comment

Reasonable psychologist would treat "must pay" dues as mandatory

In re APA Assessment Fee Litigation, — F.3d —-, 2014 WL 4377770, No. 13–7032 (Sept. 5, 2014) The American Psychological Association (APA) is a national nonprofit organization representing clinical, research, and academic psychologists.  Members pay annual fees billed on a … Continue reading

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