Blog Profile / 43(B)log

Filed Under:Industries / Law
Posts on Regator:2730
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

The commercial/noncommercial boundary

2 weeks agoIndustries / Law : 43(B)log

The Shifting Boundaries Between Commercial & Non-Commercial Speech Moderator: Vince Blasi, Corliss Lamont Professor of Civil Liberties, Columbia Law School Tamara Piety, Phyllis Hurley Frey Professor of Law, University of Tulsa College of Law: Book, Brandishing the First Amendment. Show More Summary

The definition of commercial speech

2 weeks agoIndustries / Law : 43(B)log

Commercial Speech: The Definition Matters Moderators: Chris Beall, Levine Sullivan Koch & Schulz LLP and Bruce Johnson, Davis Wright Tremaine LLP Steven G. Brody, Morgan, Lewis & Bockius LLP: We barely spoke about the definition of commercial speech. Show More Summary

Judge Alex Kozinski likes free speech and Lochner

2 weeks agoIndustries / Law : 43(B)log

Commercial Speech Conference, Abrams Institute Interview: Who’s Afraid of Commercial Speech? — 26 Years Later Ron Collins (Harold S. Shefelman Scholar, University of Washington, School of Law) & Judge Alex Kozinski (U.S. Court of Appeals for the Ninth Circuit). Show More Summary

One reason the DMCA is no substitute for anti-harassment policies

2 weeks agoIndustries / Law : 43(B)log

Another reason the DMCA is not a good anti-harassment tool : it requires contact information, which is sent to the party posting the challenged content.

TM Scholars' roundtable, part 6

2 weeks agoIndustries / Law : 43(B)log

Research Directions Discussants: Laura Heymann: What is the end of empirical work? Which of our legal principles are based on assumptions or are not meant to be connected to the Q of how consumers actually behave? Lots of research about design remains to be done: what aspects of design are performing the various functions we care about, etc. Show More Summary

TM/advertising question of the day, sexism edition

2 weeks agoIndustries / Law : 43(B)log

This ad sparked a fair amount of outrage in the UK, especially when Protein World doubled down on its insistence that only certain bodies should be seen at the beach: "Are you beach body ready?" Protein WOrld weight loss ad Dove responded with this ad: Discuss.

TM Scholars' roundtable, part 5

2 weeks agoIndustries / Law : 43(B)log

Session 3: Remedies In recent years, trademark scholarship has focused largely on questions of subject matter and scope, including much critical assessment of standards for infringement and dilution. In this brief discussion, we will...Show More Summary

TM roundtable, part 4

3 weeks agoIndustries / Law : 43(B)log

From last time: RT: I was thinking as Silbey was talking that you’re convincing me that TM should be a particular kind of anticopying regime (though, as w/patent, knowledge need not be required, at least for double identity). And that...Show More Summary

TM roundtable, part 3

3 weeks agoIndustries / Law : 43(B)log

Session 2: The Menu of Options for Design Protection: Where Does/Should Trademark and Unfair Competition Law Fit? This session will consider product-design trade dress protection in relation to other legal regimes that encompass design (design patents, copyright, and sui generis design laws). Show More Summary

TM roundtable, part 2

3 weeks agoIndustries / Law : 43(B)log

Session 1, cont’d Mid-Point Discussants: Mark Janis: The functionality doctrine is not good at doing the work we’re expecting it to do, both in trade dress and design patents. Recurrent difficulties: tendency for decisionmakers to revert to de facto functionality rather than de jure functionality, jumping from one to another. Show More Summary

Re:Create event in DC, June 20

3 weeks agoIndustries / Law : 43(B)log

On June 20, the Re:Create Coalition will host “How It Works: Understanding Copyright Law in the New Creative Economy.” The internet powers the local and national economy, enabling more than $8 trillion in e-commerce each year. At a time...Show More Summary

TM Scholars' Roundtable, part one

3 weeks agoIndustries / Law : 43(B)log

Trademark Scholars’ Roundtable, Boston University Session 1: Product Design Protection and Trademark First Principles Given what we know about the costs and benefits of using trademark/unfair competition law to protect product design,...Show More Summary

business challenges BBB's claims about itself, lacks Lexmark standing

3 weeks agoIndustries / Law : 43(B)log

Wall & Associates, Inc. v. Better Business Bureau of Central Virginia, Inc. 2016 WL 3087055, No. 1:16-cv-119 (E.D. Va. May 31, 2016) Wall runs a tax settlement business that received low ratings from several regional BBBs, so it sued them for false advertising, tortious interference with contract and business expectancy, and defamation. Show More Summary

Two older cases finding fair use of film clips

3 weeks agoIndustries / Law : 43(B)log

Equals Three, LLC v. Jukin Media, Inc., 139 F. Supp. 3d 1094 (C.D. Cal. 2015)| Just showed up in Westclip; another datum for the “video clip usage can be fair use” pile. Jukin amasses a library of user-generated internet video clips to license on the clip creators’ behalf. Show More Summary

Belmora doesn't extend to US users; copying a nonfamous foreign mark isn't bad faith

3 weeks agoIndustries / Law : 43(B)log

Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A. De C.V., 2016 WL 3034150, No. 11–1623 (D.D.C. May 27, 2016) Help me out here: it seems to me that the court here cancels a registration based on a claim of senior common-law...Show More Summary

Trademark question of the day

4 weeks agoIndustries / Law : 43(B)log

And given the extent of protection for characters, possibly a copyright question as well: is the following pajama set, seen on vacation, infringing?

"purest" is puffery and Himala- is too geographically descriptive to cause confusion

4 weeks agoIndustries / Law : 43(B)log

Sustainable Sourcing, LLC v. Brandstorm, Inc., 2016 WL 3064055, No. 12-cv-30093 (D. Mass. May 31, 2016) The parties compete to sell Himalayan pink salt. Sustainable Sourcing created an image showing a box of its pink salt, surrounded by bowls of berries and salt. Show More Summary

Music Licensing conference at NYU, June 17

4 weeks agoIndustries / Law : 43(B)log

Join us for a conference bringing together distinguished academics, industry representatives, and policy experts to discuss how the music licensing ecosystem can compensate the right people more transparently, fairly, and efficiently. Show More Summary

FTC workshop on disclosures, Sept. 15

4 weeks agoIndustries / Law : 43(B)log

Putting Disclosures to the Test SEP 15, 2016 CONSTITUTION CENTER 400 7th St SW, Washington, DC 20024 EVENT DESCRIPTION The Federal Trade Commission will host a public workshop in Washington, DC on September 15, 2016 to examine the testing...Show More Summary

Amicus in Lanham Act/commercial speech case

last monthIndustries / Law : 43(B)log

Mark McKenna just filed this brief on behalf of law professors, including me, supporting a simple resolution of Tobinick v. Novella, which should be an easy case (and in easy cases it may be tempting to sweep too broadly).

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