Category Archives: unfairness

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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mortgages and the UCL: an occasional series

Pestana v. Bank of America, 2014 WL 2616840, No. A137566 (Cal. Ct. App. June 12, 2014) Pestana sued his mortgage loan servicers (BoA) after BoA denied his application for a loan modification under the federal Home Affordable Mortgage Program (HAMP), … Continue reading

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Uber alles except unfair competition

I predict that Mark Lemley will not like this decision but that Mark McKenna will. Boston Cab Dispatch, Inc. v. Uber Technologies, Inc., 2014 WL 1338148 No. 13–10769 (D. Mass. Mar. 27, 2014) Plaintiffs sued Uber for false advertising, unfair … Continue reading

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unjust enrichment claim preempted once patent claim fails

Medisim Ltd. v. BestMed LLC, 959 F. Supp. 2d 396 (S.D.N.Y. 2013) Previous opinions in this case between thermometer competitors, mostly addressing trademark issues now out of the case (I skipped the patent parts).  After a jury trial, the jury … Continue reading

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Connecticut lawyer can’t bring unfair competition claim against California lawyer

Shehu, LLC v. Adams, 2014 WL 567832, CV136017710S (Conn. Super. Ct. Jan. 17, 2014) Plaintiffs (a Connecticut lawyer and his firm) sued Adams and his firm, both located in California.  In 2012, Adams emailed Shehu, LLC and two employees of … Continue reading

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