Tuesday, September 05, 2023

are state rules limiting class actions in consumer protection cases procedural or substantive?

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Jones v. Varsity Brands, LLC, 2023 WL 5662590, No. 2:20-cv-02892-SHL-tmp (W.D. Tenn. Aug. 31, 2023) Varsity is a “prominent host of compet...
Tuesday, August 29, 2023

Free Speech Challenges to the Inflation Reduction Act

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 With Sean Tu, at JAMA.  Given how short the piece had to be, we had to cut out some other examples, but the claim is still a good example o...
Friday, August 25, 2023

Online contracts, government website edition

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 The terms of service for this state site are interesting. Query what happens when they're barred by the law of another state (I see no...
Thursday, August 24, 2023

Seen at the Capital Jewish Museum

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 Fundraising brochure, Jewish Community Center of Northern Virginia 1989: "You should invest in community property" with Monopoly ...
Tuesday, August 08, 2023

"Face" sunscreen 2x as expensive as regular plausibly misleading when formula was the same

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Akes v. Beiersdorf, Inc., 2023 WL 5000434, No. 3:22-cv-869 (JBA) (D. Conn. Aug. 4, 2023) Akes brought the usual California claims /unjust ...
Monday, August 07, 2023

Paul Mitchell plausibly not "cruelty free" because of entry into market requiring animal testing

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Heagney v. John Paul Mitchell Sys., 2023 WL 4947974, No. 23-cv-00687-VC (N.D. Cal. Aug. 2, 2023) A smoothly written opinion: As the comp...

What can experts testify to in Lanham Act cases? Not the law or regulations

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GOLO, LLC v. Goli Nutrition Inc., 2023 WL 4952576, No. 20-667-RGA (D. Del. Aug. 3, 2023) Potentially interesting pretrial rulings in this ...

Resort fees case survives on nondisclosure, not bait and switch theory

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Hall v. Marriott Int’l, Inc., No. 19cv1715-JO-AHG, 2023 WL 4417265, -- F.R.D. – (S.D. Cal. Mar. 30, 2023) Previous opinion in this case ab...
Friday, August 04, 2023

IPSC Closing Plenary Session

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An Author/Reader Conversation about Jessica Silbey, Against Progress: Intellectual Property and Fundamental Values in the Internet Age (2022...

IPSC Breakout Session #5 Platforms & Interfaces/IP Enforcement

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Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? Ideas are nothing without financing. Banks will not give loans sec...

IPSC Breakout Session #4 Innovation/Copyright

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Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direc...
Thursday, August 03, 2023

IPSC Breakout Session #3: Distributive Effects/Art and Music

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Bita Amani, Some More Equal Than Others: Critical Contexts for the (False) Promises of Intellectual Property Rights        IP and sustaina...

IPSC Breakout Session #2: mostly copyright and then marijuana innovation

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Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctr...