Rebecca Tushnet's 43(B)log
False advertising and more
Thursday, August 03, 2023
IPSC Breakout Session #1
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Too much to choose from; I prioritized things that were new to me. Mark Bartholomew, A Right to Be Left Dead If we can create new works ...
IPSC Opening Plenary Session
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Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how gen...
Tuesday, August 01, 2023
poop bag seller's "compostable" claims are plausibly ... false
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Natale v. 9199-4467 Quebec Inc., 2023 WL 4850531, No. 21-CV-6775 (JS)(SIL) (E.D.N.Y. Jul. 28, 2023) Many lawsuits against “recyclable” cla...
allowing free "For Sale By Owner" ads doesn't imply no agents will be involved
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Picket Fence Preview, Inc. v. Zillow, Inc., 2023 WL 4852971, No. 22-2066-cv (2d Cir. Jul. 31, 2023) District court opinion discussed (seco...
Tuesday, July 25, 2023
WaPo on gold advertising and right-wing media
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I'm quoted in the story.
Monday, July 24, 2023
Defendant's belief its ads were effective is evidence of injury
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Sandoz Inc. v. Amgen Inc., 2023 WL 4681569 , No. 2:22-cv-05326-RGK-MARx (C.D. Cal. Jun. 29, 2023) Sandoz brought state and federal fals...
Friday, July 21, 2023
Former distributor's continuing use of "authorized distributor" leads to TM and false advertising claims
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Axon Enterprise, Inc. v. Luxury Home Buyers, LLC, No. 2:20-cv-01344-JAD-VCF , |2023 WL 4636917 ( D. Nev . Jul. 19, 2023) In what seems ...
Thursday, July 20, 2023
over aggressive partial dissent, 11th Cir. allows some class claims against Ford "track ready" claims to proceed
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Tershakovec v. Ford Motor Company, Inc., --- F.4th ----, 2023 WL 4377585, No. 22-10575 (11th Cir. Jul. 7, 2023) Discussion of district cou...
Covid-19 Act gives government more options in proceeding against supplement seller
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U.S. v. Nepute, 2023 WL 4623089 , No. 4:21-CV-437 RLW (E.D. Mo. Jul. 19, 2023) The US sued Nepute (a chiropractor) and Quickwork (a compa...
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