Tag Archives: secondary liability

aiding and abetting liability in false advertising cases

Posted on August 9, 2021 by rtushnet

 Bonus: Civil RICO claims survive! Sihler v. Fulfillment Lab, Inc., 2021 WL 1293839, No. 3:20-cv-01528-H-MSB (S.D. Cal. Apr. 7, 2021) Defendants allegedly used fake celebrity endorsements and reviews and misrepresentations about price and limited availability to induce consumers to buy … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Copyright year in review

Posted on December 10, 2020 by rtushnet

I had a great time presenting this to the Copyright Society of Los Angeles. My slides. This is going to be an opinionated overview; I know you’re an expert audience and I’m going to try to highlight developments you may … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

No contributory liability for athlete union’s endorsement of supplement

Posted on August 6, 2020 by rtushnet

DNA Sports Performance Lab, Inc. v. Major League Baseball, 2020 WL 4430793, No. C 20-00546 WHA (N.D. Cal. Aug. 1, 2020)  Courts seem to perceive people affiliated with TM/(c) infringers as more blameworthy than people affiliated with false advertisers. One … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Just stocking a falsely advertised product isn’t enough for contributory liability

Posted on June 2, 2020 by rtushnet

In re Outlaw Laboratory, LLP, 2020 WL 2797425, No. 18-CV-0840-GPC (S.D. Cal. May 29, 2020)  Plaintiff makes male enhancement products, allegedly in compliance with the DHSEA. It sued 51 convenience and liquor stores in the San Diego, California area; 23 … Continue reading →

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

1201 claim to control device features survives

Posted on April 17, 2020 by rtushnet

Philips North America, LLC v. v. Summit Imaging Inc., 2020 WL 1515624, No. C19-1745JLR (W.D. Wash. Mar. 30, 2020) But I was told that after Lexmark and Chamberlain, manufacturers weren’t using §1201 claims to control devices! The parties compete to … Continue reading →

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

TheRealReal is ok except where it is FakeFake

Posted on April 16, 2020 by rtushnet

Chanel, Inc. v. The RealReal, Inc., 2020 WL 1503422, No. 18-CV-10626 (VSB) (S.D.N.Y. Mar. 30, 2020) Very interesting case: Chanel sued TRR for trademark infringement etc. for allegedly overclaiming its association with Chanel by prominently advertising how much Chanel there … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

DOJ 230 workshop part 4

Posted on February 24, 2020 by rtushnet

DOJ Section 230 Roundtable, afternoon Chatham House Rules Session 1: Content Moderation, Free Speech, and Conduct Beyond Speech How do platforms deal w/defamation? Standard practice is to review the complaint, the content; compare to TOS/code of conduct. Removal if warranted, … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

DOJ 230 workshop part 3

Posted on February 24, 2020 by rtushnet

Panel 3: Imagining the Alternative The implications on competition, investment, and speech of Section 230 and proposed changes.     Moderator: Ryan Shores, Associate Deputy Attorney General Professor Eric Goldman, Santa Clara University: (c)(1) means no liability for 3d party content. Difference … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

DOJ 230 workshop part 2

Posted on February 24, 2020 by rtushnet

Panel 2: Addressing Illicit Activity Online Whether Section 230 encourages or discourages platforms to address online harms, such as child exploitation, revenge porn, and terrorism, and its impact on law enforcement. Moderator: The Honorable Beth A. Williams, Assistant Attorney General … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

DOJ 230 workshop

Posted on February 24, 2020 by rtushnet

Section 230 – Nurturing Innovation or Fostering Unaccountability? DOJ Workshop These are copied from my handwritten notes, so will likely be terser than usual. Introduction of the Attorney General The Honorable Christopher Wray, Director, Federal Bureau of Investigation Tech is … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment