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4 Oct 2016, 4:24 am by Rebecca Tushnet
The court did find that plaintiffs couldn’t proceed with a Declaratory Judgment Act claim because it wasn’t a real claim.But more importantly, breach of warranty and consumer protection claims survived. [read post]
16 Jul 2016, 8:59 am by Eric Goldman
Yelp * CA Anti-SLAPP Cases Involving Consumer Reviews as Matters of Public Concern * Dentist Review on Yelp Gets Partial Anti-SLAPP Protection–Wong v. [read post]
19 Feb 2016, 4:08 pm by Rebecca Tushnet
  If you can draft a patent application, you won’t run up against an ornamentality problem. [read post]
7 Aug 2014, 12:21 pm by Rebecca Tushnet
  If process claims are available, and relevant to consumers, in many more contexts than previously realized, among other things that has implications for the First Amendment treatment of advertising regulation—compare the claims made in the Nike v. [read post]
1 Jul 2020, 6:07 am by Jani Ihalainen
In short, as noted by the Court, the consideration is "...whether “Booking.com” is generic turns on whether that term, taken as a whole, signifies to consumers the class of online hotel-reservation services".The Court quickly noted that under evidence, consumers don't perceive the domain as being generic for hotel-reservation services, and as such, the term cannot be generic. [read post]
1 Jul 2020, 6:07 am by Jani Ihalainen
In short, as noted by the Court, the consideration is "...whether “Booking.com” is generic turns on whether that term, taken as a whole, signifies to consumers the class of online hotel-reservation services".The Court quickly noted that under evidence, consumers don't perceive the domain as being generic for hotel-reservation services, and as such, the term cannot be generic. [read post]
1 Jul 2020, 6:07 am by Jani Ihalainen
In short, as noted by the Court, the consideration is "...whether “Booking.com” is generic turns on whether that term, taken as a whole, signifies to consumers the class of online hotel-reservation services".The Court quickly noted that under evidence, consumers don't perceive the domain as being generic for hotel-reservation services, and as such, the term cannot be generic. [read post]
1 Jul 2020, 6:07 am by Jani Ihalainen
In short, as noted by the Court, the consideration is "...whether “Booking.com” is generic turns on whether that term, taken as a whole, signifies to consumers the class of online hotel-reservation services".The Court quickly noted that under evidence, consumers don't perceive the domain as being generic for hotel-reservation services, and as such, the term cannot be generic. [read post]
28 Feb 2012, 11:57 am by Eric
Second, the court rejects the consumer protection claim on two different standing grounds: 1) the named plaintiff didn't suffer any cognizable loss. [read post]
18 Feb 2024, 12:02 pm by Eric Goldman
Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v. [read post]
7 Apr 2022, 6:22 pm by John E. Villafranco
  How has AMG affected the FTC’s enforcement program, particularly in consumer protection cases. [read post]
21 Feb 2022, 10:00 am by Rebecca Tushnet
District of Columbia Consumer Protection Procedures Act: Like the old California regime, the CPPA enables private individuals to act as “private attorney[s] general” in enforcing consumer protection laws. [read post]