Rebecca Tushnet's 43(B)log

False advertising and more

Saturday, February 11, 2012

WIPIP part 3

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William K. Ford, ProCD: Tidying Up After the Stranger on the Street Epstein thinks the district court’s decision in ProCD was doctrinali...
Friday, February 10, 2012

WIPIP part 2

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Lydia Loren, Orphan Works and Open Access Orphan metaphor: poor things that need help/protection—powerful metaphor, fits with powerful/p...

WIPIP part 1

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WIPIP/Houston My apologies—I was a bit sick so I missed some of the discussion. Mary LaFrance, Distinctly Personal: Trademarks in Individual...
Thursday, February 09, 2012

Manufacturer and reseller compete, but Lanham Act claim still fails

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InCompass IT, Inc. v. Dell, Inc., 2012 WL 383960 (D. Minn.) There are some misappropriation/trade secret claims here, but I’m just cover...

Neither Dukes nor Honda bar certification where ad claims were on all packages

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Johns v. Bayer Corp., 2012 WL 368032 (S.D. Cal.)  The court granted plaintiffs’ motion for certification, indicating that the recent Hon...

Nationwide class action can't proceed under California law

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Mazza v. American Honda Motor Co., Inc., --- F.3d ----, 2012 WL 89176 (9 th Cir.)  A little late, but this case will be much cited (see...
Friday, February 03, 2012

Don't Settle with Honda, lawyer says

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Here's her website .  She opted out of the settlement, sued Honda in small claims court, and won nearly the statutory maximum of $10,000...
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