Friday, April 26, 2013

Transformativeness doesn't require commentary on original

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Cariou v. Prince, No. 11-1197-cv (2d Cir. April 25, 2013) The court of appeals reversed the grant of summary judgment to photographer...
4 comments:

no preemption for ordinary falsity claim about FDA-regulated product

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Won Kyung Hwang v. Ohso Clean, Inc., 2013 WL 1632697 (N.D. Cal.) Hwang sued on behalf of consumers who bought CleanWell sanitizing pr...
Thursday, April 25, 2013

Prince v. Cariou

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I haven't had time to go through the full ruling , but given the widespread dissemination of the photos as (necessarily) part of explain...

Pictures of fruit support misleadingness claim for nutrients not derived from fruit

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Bronson v. Johnson & Johnson, Inc., 2013 WL 1629191 (N.D. Cal.) The plaintiffs sued under California law alleging that Splenda Essent...
Wednesday, April 24, 2013

reading list: FTC guidelines for fitness claims?

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Heather M. Mandelkehr, When toning shoes strengthen nothing more than likelihood of lawsuit: why the Federal Trade Commission needs guidel...

FDLI conference: top cases

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Food & Drug Law Institute Annual Conference Top 20 Cases in Food & Drug Law in 2012 and Cases to Watch in 2013 Bill Jansse...

supplier's state can exercise personal jurisdiction over reverse passing off claim

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Sarah's Hat Boxes, L.L.C. v. Patch Me Up, L.L.C., 2013 WL 1563557 (D.N.H.), 2013 DNH 058 SHB sued defendants for violating the L...

Vegan alternative has standing against foie gras producer

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Animal Legal Defense Fund v. HVFG LLC, 2013 WL 1563215 (N.D. Cal.) ALDF alleged that Hudson Valley Foie Gras violated the Lanham Act ...
Tuesday, April 23, 2013

lack of substantiation not actionable by consumers

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Johns v. Bayer Corp., 2013 WL 1498965 (S.D. Cal.) The court engaged in an extremely detailed discussion of the scientific evidence here i...