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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2909
Posts / Week:8.8
Archived Since:March 17, 2008

Blog Post Archive

You have to laugh or you'll cry: supplement regulation

2 weeks agoIndustries / Law : 43(B)log

John Oliver has yet another fantastic, and accurate, advertising law-related story, this time focusing on the deliberate unregulation of dietary supplements. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

More pondering on the relationship between sec. 2 and sec. 43

2 weeks agoIndustries / Law : 43(B)log

One question from last week’s TTAB REDSKINS decision concerns the effect on §43 if the §2 cancellation is upheld. Mark McKenna has argued that, if we took history seriously, there should be no effect, because unfair competition historically covered lots of things that weren’t registrable. Show More Summary

Is DRM the source of Hachette's troubles?

3 weeks agoIndustries / Law : 43(B)log

So argues Cory Doctorow. He makes a point that also came up at the 1201 exemption hearings: the copyright owner does not clearly have the right to authorize a user to strip DRM from a work, where the copyright owner isn't the source of the DRM (and the major forms of DRM aren't operated by individual copyright owners). Show More Summary

Something fishy about this trademark claim?

3 weeks agoIndustries / Law : 43(B)log

GurglePot, Inc. v. New Shreve, Crump & Low LLC, 2014 WL 2744283, No. C13–6029 (W.D. Wash. June 17, 2014) I’m not really interested in the law in this personal jurisdiction case, finding that there’s no personal jurisdiction in plaintiff’s home state over Massachusetts-based New SCL for this the declaratory judgment of non-infringement. Show More Summary

Apply fair use to burned area

3 weeks agoIndustries / Law : 43(B)log

Via Five Useful Articles, this deposition excerpt from HathiTrust is nearly priceless--what takes it beyond the usual snark is the very last dig the HT lawyer gets in at the Authors Guild's theory of the case. So, HT's lawyer snarksShow More Summary

"original" and "first" are mere puffery

3 weeks agoIndustries / Law : 43(B)log

Bern Unlimited, Inc. v. Burton Corp., No. 11-12278, 2014 WL 2649006 (D. Mass. June 12, 2014) Bern sued six of its competitors in the market for sports helmets, alleging trade dress infringement. Answering Bern’s third amended complaint, defendants asserted false advertising counterclaims, which the court struck in part. Show More Summary

Washington's football team marks cancelled

3 weeks agoIndustries / Law : 43(B)log

If you didn't get the link from five other places, here it is. (It turns out that today was a bad day to wear shorts to the office; it's not the best outfit for being interviewed by a suited TV reporter.) My contributions: a reminder that Renna v. Show More Summary

Grande deception?

3 weeks agoIndustries / Law : 43(B)log

Starbucks and the “free” college education for its workers: The reporting on Starbucks’ offer has gone beyond the headline—and if treated like ordinary advertising, that headline is misleading. As it turns out, Starbucks will only pay in full for two years, not four; it’s negotiated a discount with ASU online for everyone. Show More Summary

Fair use decisionmaking

3 weeks agoIndustries / Law : 43(B)log

Deconstructing arguments that treat fair use as a mysterious and dangerous concept: This detailed analysis of a flowchart is quite useful. And it cites the OTW’s Fair Use Test Suite! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

reading list: marijuana advertising and lessons from tobacco

3 weeks agoIndustries / Law : 43(B)log

Kimber P. Richter, Ph.D., M.P.H. & Sharon Levy, M.D., M.P.H., Big Marijuana — Lessons from Big Tobacco, New England Journal of Medicine: [T]obacco was not always as lethal or addictive as it is today. In the 1880s, few people used tobacco...Show More Summary

ALI CLE event on Lexmark, Pom, etc.

3 weeks agoIndustries / Law : 43(B)log

First, I apologize for the slew of RSS feed updates you may recently have received if you subscribe via an RSS reader like Feedly—the feed has apparently been broken since early May. I was still here though! If you’re interested, you can browse the archives at tushnet.blogspot.com, or use any tags of interest to see what you missed. Show More Summary

Such a lonely word: "honest" isn't puffery

3 weeks agoIndustries / Law : 43(B)log

Salazar v. Honest Tea, Inc., 2014 WL 2593601, No. 2:13-cv-02318 (E.D. Cal. June 10, 2014) Salazar alleged that HT’s Honey Green Tea bottles didn’t contain the amount of antioxidants represented on their labels, where independent labShow More Summary

infringement isn't disparagement for advertising injury purposes

3 weeks agoIndustries / Law : 43(B)log

Hartford Casualty Ins. Co. v. Swift Distribution, Inc., No. S207172, 2014 WL 2609753 (Cal. June 12, 2014) The California Supreme Court here provides a relatively rare state court interpretation of the scope of an advertising-related insurance policy. Show More Summary

mortgages and the UCL: an occasional series

3 weeks agoIndustries / Law : 43(B)log

Pestana v. Bank of America, 2014 WL 2616840, No. A137566 (Cal. Ct. App. June 12, 2014) Pestana sued his mortgage loan servicers (BoA) after BoA denied his application for a loan modification under the federal Home Affordable Mortgage Program (HAMP), and instead offered him an allegedly less favorable in-house modification, which he accepted. Show More Summary

A little more than kin: prominent house mark overcomes weak evidence of confusion

3 weeks agoIndustries / Law : 43(B)log

KIND LLC v. Clif Bar & Co., 2014 WL 2619817, No. 14 Civ. 770 (S.D.N.Y. June 12, 2014) KIND sought a preliminary injunction against Clif Bar’s new trade dress for its MOJO bars; the court denied the motion. KIND defines its trade dress...Show More Summary

POM Won: a summary of the ruling

3 weeks agoIndustries / Law : 43(B)log

POM Wonderful LLC v. Coca-Cola Co., No. 12–761, 573 U.S. -- (June 12, 2014) POM sued Coca-Cola for falsely advertising a “pomegranate blueberry” juice blend with 0.3% pomegranate juice and 0.2% blueberry juice. The Ninth Circuit found...Show More Summary

The Pom Wonderful ruling has arrived

3 weeks agoIndustries / Law : 43(B)log

It is here. Pom wins reversal. More to come. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

selling to multiple hospitals isn't "advertising or promotion" when total market is large

3 weeks agoIndustries / Law : 43(B)log

Synthes, Inc. v. Emerge Medical, Inc., 2014 WL 2579286, --- F. Supp. 2d --- (E.D. Pa. June 5, 2014)This is a big case involving trade secrets/former employees who started a competing medical device firm. I’m just going to cover a few bits. Show More Summary

animal rights organizations have standing to challenge bull run

3 weeks agoIndustries / Law : 43(B)log

Animal Legal Defense Fund v. Great Bull Run, LLC, 2014 WL 2568685, No. 14–cv–01171 (N.D. Cal. June 6, 2014) ALDF and PETA sued defendants under California’s UCL to enjoin them from operating a bull run. The court denied the motion to dismiss for lack of standing. Show More Summary

Success has many copies: HathiTrust

3 weeks agoIndustries / Law : 43(B)log

Authors Guild, Inc. v. HathiTrust, No. 12 ? 4547 (2d Cir. June 10, 2014) Several research universities allowed Google to scan their collections; then they created a repository for the digital copies, the HathiTrust Digital Library (HDL), which currently has 80 member institutions and over ten million works. Show More Summary

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