Blog Profile / 43(B)log

Filed Under:Industries / Law
Posts on Regator:2433
Posts / Week:6.2
Archived Since:March 17, 2008

Blog Post Archive

Notice and notice failure at BU: panel 1

last weekIndustries / Law : 43(B)log

Graeme Dinwoodie – Trademarks and Commercial Reality: registration systems/use systems; Industrial policy/consumer protection and registered/unregistered affect notice, but not sure how much compared to patent. Costs of inadequate notice may not be as great. Show More Summary

Notice and Notice Failure in Intellectual Property Law at BU, keynote

last weekIndustries / Law : 43(B)log

Boston University School of Law Welcome and introduction: Dean Maureen O’Roarke New clinic w/MIT—representing MIT students who need legal/IP help. Searching for an exec. director now—encourages applications. Stacey Dogan: Meurer & James...Show More Summary

Just another lawsuit out of Boston

last weekIndustries / Law : 43(B)log

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015) Scholz and Goudreau were both members of the band Boston. Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving it in 1981. Show More Summary

omission from "comprehensive" database wasn't actionable misrepresentation

last weekIndustries / Law : 43(B)log

Alexso, Inc. v. First Databank, Inc., 2015 WL 5554005, No. CV 15-01893 (C.D. Cal. Sept. 21, 2015) Alexso makes kits that pharmacies use to compound prescription drugs. FDB publishes databases that provide information about drug products to the healthcare industry. Show More Summary

xkcd on Happy Birthday

last weekIndustries / Law : 43(B)log

As usual, xkcd has a great take.

New paper on deceptive advertising from Seana Shiffrin

last weekIndustries / Law : 43(B)log

Seana Shiffrin, Deceptive Advertising and Taking Responsibility for Others, Oxford Handbook of Food Ethics, ed. Tyler Doggett, Anne Barnhill and Mark Budolfson, Forthcoming:This paper considers how the law of deceptive advertising embeds...Show More Summary

Google can't avoid class action just because damages are variable

2 weeks agoIndustries / Law : 43(B)log

Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752 (9th Cir. Sept. 21, 2015) From 2004-08, many advertisers used Google’s AdWords to bid for Google to put their ads on websites. Pulaski sued under the California UCL and FAL, alleging that Google misled them as to the types of websites on which their advertisements could appear. Show More Summary

A pox on both their steel buildings: unusual copyright and false advertising rulings

2 weeks agoIndustries / Law : 43(B)log

General Steel Domestic Sales, LLC v. Chumley, -- F. Supp. 3d --, No. 13-cv-00769, 2015 WL 5353080 (D. Colo. Sept. 15, 2015) A bizarre copyright fair use ruling mars this iteration of this long-running, bitter dispute between the parties,...Show More Summary

AU Fair Use event: Best Practices in Fair Use/the Future

2 weeks agoIndustries / Law : 43(B)log

Jaszi: DMCA left us somewhat bruised; the next time we set out to do something useful, we asked what could be done without requiring congressional authority? Go back to 1991, when film scholar Kristin Thompson was prominent in the Society...Show More Summary

AU, Copyright Advocacy and Fair Use Education 1995-2015

2 weeks agoIndustries / Law : 43(B)log

Public Interest Copyright Advocacy and Fair Use Education 1995-2015 This event celebrates significant anniversaries of two initiatives that were launched at AUWCL - the 20th anniversary of the founding of the Digital Future Coalition,...Show More Summary

New article on self-publishing, with Eric Goldman

2 weeks agoIndustries / Law : 43(B)log

Eric Goldman and I have written Self-Publishing an Electronic Casebook Benefited Our Readers--And Us, in the Washington Journal of Law, Technology & Arts.

Delicious and scandalous?

2 weeks agoIndustries / Law : 43(B)log

I just came across Pinches Tacos, a restaurant that sounds yummy. When registering its mark, the company represented that the translation was "kitchen boys." According to the internet... not so much, for speakers of Mexican Spanish. Scandalous?

Journal of Patent & Trademark Office Society’s Mid-Atlantic student writing competition

2 weeks agoIndustries / Law : 43(B)log

As the oldest publishing intellectual property law journal in America, the Journal of Patent & Trademark Office Society (JPTOS) provides a forum dedicated to the discussion of legal and technical subjects related to patent, trademark, and copyright laws. Show More Summary

Event tomorrow on Public Interest Copyright Advocacy and Fair Use Education 1995-2015

2 weeks agoIndustries / Law : 43(B)log

Event 1:00pm-5:30pm; Reception 5:30-7:00pm Room 603 – American University Washington College of Law, 4801 Massachusetts Ave NW This event celebrates significant anniversaries of two initiatives...Show More Summary

Lochner in genespace?

2 weeks agoIndustries / Law : 43(B)log

Here's an argument that the First Amendment protects the ability to engage in genetic engineering. (Title reference.)

Carry on dancing: Lenz v. Universal

2 weeks agoIndustries / Law : 43(B)log

Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107 (9th Cir. Sept. 14, 2015) The OTW amicus brief gets a shoutout! Stephanie Lenz sued under 17 U.S.C. § 512(f), alleging that Universal misrepresented in a takedown notification that her 29-second home video was an infringing use of a composition by Prince. Show More Summary

Descriptive and nominative fair use in China

2 weeks agoIndustries / Law : 43(B)log

I found this article by Samiko Sun of Kangxin Partners PC to be quite informative--it seems that China has adopted a US-style approach to trademark fair use.

Lanham Act doesn't allow defendants to seek indemnity/contribution

3 weeks agoIndustries / Law : 43(B)log

Nestlé Purina Petcare Co. v. Blue Buffalo Co., No. 4:14 CV 859, 2015 WL 5226462 (E.D. Mo. Sept. 8, 2015) Third-party defendant Diversified Ingredients moved to dismiss Blue Buffalo’s claims against it, arising from an underlying action...Show More Summary

PhD scholarship in Music Industries and Digital Platforms

3 weeks agoIndustries / Law : 43(B)log

Swinburne U (Australia) is offering a fully funded scholarship in Music Industries and Digital Platforms. More details at the link.

Another internal website search engine case survives motion to dismiss

4 weeks agoIndustries / Law : 43(B)log

Stiles v. Wal-Mart Stores, Inc., 2015 WL 5173060, No. 2:14–CV–2234 (E.D. Cal. Sept. 2, 2015) (magistrate judge) Stiles allegedly patented the “Stiles Razor,” the only personal styling razor with a 1/8” blade and ergonomic handle allowing for safe and precise shaving (a design patent, with a utility patent pending, as well as some foreign patents). Show More Summary

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