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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2968
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

Gratuitous promises: Uber class action continues

2 weeks agoIndustries / Law : 43(B)log

Ehret v. Uber Technologies, Inc., No. C-14-0113 (N.D. Cal. Sept. 17, 2014) Ehret’s putative nationwide class action alleged that Uber customers had been charged a 20% fee above the metered fare for each ride, misrepresented as a “gratuity”...Show More Summary

A hologram and a straight-up application of Dastar

2 weeks agoIndustries / Law : 43(B)log

Pulse Entertainment Corp. v. David, No. CV 14-4732 (C.D. Cal. Sept. 17, 2014) This case concerns a lifelike animation of Michael Jackson performing a previously unreleased song that appeared during the 2014 Billboard Music Awards and a related CNN interview segment. Show More Summary

House hearing on 1201

2 weeks agoIndustries / Law : 43(B)log

House Judiciary Hearing, Subcommittee on Courts, the Internet, and Intellectual Property: 1201 Bonus Library Copyright Alliance statement. Rep. Marino: DMCA is important but there are concerns about misuses; fortunately courts have generally gotten it right to avoid anticompetitive behavior. Show More Summary

7th Circuit doesn't like transformativeness or factor 1, still finds fair use

2 weeks agoIndustries / Law : 43(B)log

Kienitz v. Sconnie Nation LLC, No. 13-3004 (7 th Cir. Sept. 15, 2014) Just the facts: While a student at the University of Wisconsin in 1969, Paul Soglin attended the first Mifflin Street Block Party, whose theme (according to Soglin)...Show More Summary

Transformation by subtraction redux?

2 weeks agoIndustries / Law : 43(B)log

First there was Garfield without Garfield. Now there's 3eanuts, turning Peanuts strips into raw expressions of angst and meaninglessness by subtracting the last, (partially) redemptive panel. HT Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

IPSC part 5: more copyright

3 months agoIndustries / Law : 43(B)log

Third Breakout Session Copyright and Competition Copyright’s Technological Interdependencies Clark Asay Technological patrons depend on copyright for their motivations. Copyright is an interdependent part of broader creative systems....Show More Summary

IPSC part 4: copyright (and a bit on the right of publicity)

3 months agoIndustries / Law : 43(B)log

Second Breakout Session Copyright Fair Use Raw Materials and Creative Works Andrew Gilden Raw materials concept is part of transformativeness in copyright and right of publicity cases. Project: Examining the application and meaning of this concept. Show More Summary

IPSC part 3: judicial panel

3 months agoIndustries / Law : 43(B)log

Judicial Panel: Chief Judge Diane Wood (7th Circuit) and Chief Judge Alex Kozinski (9th Circuit) Peter Menell: Discussion question: is IP common law? Wood: throughout the federal level, we are not a pure common law system, nor a civil law system. Show More Summary

IPSC part 2: trademark theory

3 months agoIndustries / Law : 43(B)log

1 st Breakout Session: Trademark Theory Harms, Benefits, and Justifications in Trademark Law Stacey Dogan © and patent are often considered to be about incentives (getting benefits), but TM law in the general view is about preventing harm/misinformation, at least in theory; misinformation can harm both producers and consumers. Show More Summary

IPSC part 1

3 months agoIndustries / Law : 43(B)log

Opening notes: usual disclaimers apply. Given the size and scope of the conference, I couldn’t attend half of what interested me. (I wish more people would send in their papers so I could read them!) My notes aren’t guaranteed to be accurate and reflect my opinions. Show More Summary

bait and switch as both false advertising and trademark infringement

3 months agoIndustries / Law : 43(B)log

ADT LLC v. Vision Security, LLC, 2014 WL 3764152, No. 13–8119 (S.D. Fla. July 30, 2014) ADT competes with Security Networks to sell alarm systems. Vision Security is an agent of Security Networks; it doesn’t manufacture alarm systems, but instead purchases them from manufacturers like GE Security, Honeywell, and 2Gig. Show More Summary

Use of mark on product isn't "ad" for insurance purposes

3 months agoIndustries / Law : 43(B)log

Crum & Forster Specialty Ins. Co. v. Willowood USA, LLC, No. 6:13–cv–01923, 2014 WL 3797673 (D. Or. Aug. 1, 2014) Willowood was sued for trademark infringement and related causes of action by a former licensor, and sought insurance coverage. Show More Summary

John Oliver on native advertising

3 months agoIndustries / Law : 43(B)log

John Oliver covers topics relevant to advertising law again in this piece on native advertising and the fact that it only works by tricking people. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Prevailing copyright defendant acts as private AG, deserves fees

3 months agoIndustries / Law : 43(B)log

Klinger v. Conan Doyle Estate, Ltd., No. 14-1128 (7th Cir. Aug. 4, 2014) Judge Posner throws his usual rhetorical bombs around, this time to the delight of copyright restrictionists. In Klinger v. Conan Doyle Estate, Ltd., 2014 WL 2726187 (7th Cir. Show More Summary

COOL story, part 3: dissents

3 months agoIndustries / Law : 43(B)log

Judge Henderson dissented, believing the question of Zauderer’s appropriate scope to have been resolved in R.J. Reynolds and unfairly revisited. Judge Brown also dissented, quite vigorously. Under the majority’s reasoning, “a business...Show More Summary

COOL story, part 2: concurrences

3 months agoIndustries / Law : 43(B)log

AMI continued: concurrences Judge Rogers concurred in part. She wrote to disassociate herself from the suggested collapse of Central Hudsonand Zauderer. “Viewing Zaudereras simply an application of Central Hudson to special circumstances...Show More Summary

COOL story, part 1: DC Circuit upholds country of origin labeling rule

3 months agoIndustries / Law : 43(B)log

American Meat Institute v. U.S. Dep’t of Agriculture, No. 13-5281 (D.C. Cir. July 29, 2014) The D.C. Circuit here, en banc, upholds country of origin labeling (COOL) requirements for meat, and in the process holds that Zauderer’s standard...Show More Summary

Second Circuit reiterates presumptions of harm, damages in literal falsity case

3 months agoIndustries / Law : 43(B)log

Merck Eprova AG v. Gnosis S.p.A., No. 12 ? 4218 (2d Cir. July 29, 2014) Merck won a false advertising case against Gnosis, and the court awarded it over $500,000 in damages, over $2 million in attorneys’ fees and costs, and prejudgment interest, and also ordered corrective advertising. Show More Summary

false advertising about design in the absence of secondary meaning?

3 months agoIndustries / Law : 43(B)log

Brian Lichtenberg, LLC v. Alex & Chloe, Inc., No. CV 13–06837, 2014 WL 3698317 (C.D. Cal. July 25, 2014) Brian Lichtenberg (Brian) designs clothing and accessories, including parodies of designer brands, such as “Homiès” as a play on “Hermès” and “Bucci,” a parody of “Gucci,” and distributes his products through Brian Lichtenberg, LLC. Show More Summary

IP norms and a bit on IRBs

3 months agoIndustries / Law : 43(B)log

Via Jason Schultz in Jotwell, I learned of a great new paper by Julia Bauer et al. on community norms about copying and anticopying enforcement in the Threadless (crowdsourced T-shirt) community. There are many interesting results, including the evidence they present of procedural fairness norms to go along with the anticopying norms. Show More Summary

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