Blog Profile / 43(B)log
| URL : | http://tushnet.blogspot.com/ | |
|---|---|---|
| Filed Under: | Industries / Law | |
| Posts on Regator: | 2305 | |
| Posts / Week: | 8.5 | |
| Archived Since: | March 17, 2008 | |
Blog Post Archive
Free Expression Scholars Conference part 4
Stephen Feldman, Free Speech, Democracy, and Political Conservatism: Two Ironies of Conservative Free-Speech Jurisprudence Discussant: Vincent Blasi Rough periodization of US democratic culture: Civic republican democracy gave way in...Show More Summary
Free Expression Scholars Conference part 3
Jane Bambauer, Is Data Speech? Discussant: Frank Pasquale Sorrell is just a bit murky; this piece sets the agenda for resolving conflicts between privacy and the First Amendment. Definitions: data is fixed record of fact. Fred Schauer on coverage v. Show More Summary
Free Expression Scholars Conference part 2
Derek Bambauer, Shut Up: Theories of Censorship Discussant: Molly Land: categorizing rationales states offer for censorship. Prior normative commitments, which often don’t leave us with much room to negotiate and push us o extremes.Show More Summary
Free Expression Scholars Conference, Yale
Margot Kaminski, Copyright Crime and Punishment: The First Amendment’s Proportionality Problem Discussant: Jason Mazzone (note: the approach is for discussants to briefly present the authors’ papers, then discuss them) Kaminski argues...Show More Summary
Dastar doesn't deter meritless TM takedown notice for public domain works
As Techdirt details. Here's hoping that, if the matter continues, on the question of fees, the film company will be told "You Asked For It."
Georgia State amicus brief
Educational Fair Use Brief in Support of Georgia State University on Behalf of Amici Curiae Academic Authors and Legal Scholars, by David R. Hansen, Peter A. Jaszi, Pamela Samuelson, Jason Schultz, and Rebecca Tushnet.
TTAB likely confusion finding not entitled to deference in infringement case
B & B Hardware, Inc. v. Hargis Industries, Inc., --- F.3d ----, 2013 WL 1810614 (8 th Cir.) After a seven-day jury trial, the jury rejected B&B’s claims of trademark infringement and unfair competition and found in favor of Hargis’sShow More Summary
Spam gets in on false confidentiality claims
I received the following: I deal with all of the online marketing for a selection of UK law firms working in a range of different practice areas. [Spammy solicitation where I'm supposed to publish their advertising omitted.] ... This...Show More Summary
So, how soon do we see the lawsuits for stripping CMI?
Interesting study about what popular websites do, or don't do, to photo metadata when uploaded. I don't quite know how to express this, but including Dropbox in with Google+ and Facebook seems a bit unfair, since the whole point of Dropbox is to store your stuff unchanged. Show More Summary
Case against junk foreclosure fees survives for now
Bias v. Wells Fargo & Co., 2013 WL 1787158 (N.D. Cal.) Wells Fargo charged a lot of people a lot of junk foreclosure-related fees, and would prefer not to fix its practices. Though the US government identified at least a tiny fraction of the people who were harmed by such practices, it isn’t going to tell them. Show More Summary
When fraudulent concealment is easier to plead than affirmative misrepresentation
Stanwood v. Mary Kay, Inc., --- F.Supp.2d ----, 2012 WL 7991231 (C.D. Cal.) Plaintiffs sued Mary Kay alleging that it defrauded consumers by falsely advertising that it didn’t test its products on animals. Had they known the truth, plaintiffs...Show More Summary
NY rejects another law school consumer protection claim
Bevelacqua v. Brooklyn Law School, 2013 WL 1761504 (N.Y. Sup.), 2013 N.Y. Slip Op. 50634(U) The complaint alleged that Brooklyn Law School published misleading post-graduate employment and salary information on its website, on which plaintiffs relied when choosing to enroll and stay at Brooklyn. Show More Summary
Some incisive commentary on Prince v. Cariou
From Robert Clarida, by way of Donn Zaretsky at the Art Law Blog. Read it all, but here's an excerpt: [B]y dwelling on the surface of the works the court may be turning back the clock a little. ... [I]f the standard is to compare the 'aesthetic' of two works, looking only at 'results,' the court has nothing to go on but the physical changes. Show More Summary
Sharp dealing isn't common law fraud, can violate consumer protection law
Circle Click Media LLC v. Regus Management Group LLC, 2013 WL 1739451 (N.D. Cal.) Plaintiffs filed a putative class action against Regus, which leases commercial office space throughout California and New York. They entered into identical...Show More Summary
Defamatory statements justify Lanham Act fee award
Neuros Co., Ltd. v. KTurbo, Inc., 2013 WL 1706368 (N.D. Ill.) After the 7th Circuit fixed its outlier “advertising and promotion” rule, it remanded to the district court to reconsider the issues here. Neuros sued KTurbo, its competitor in...Show More Summary
damages expert excluded for failing to discredit compelling alternative explanations
Thermal Design, Inc. v. Guardian Bldg. Products, Inc., 2013 WL 1647791 (E.D. Wis.) Previously, the court held that Thermal couldn’t seek money damages on its false advertising claims because it didn’t produce evidence of damage fromShow More Summary
failure to adhere to government and industry label standards not literally false
North American Olive Oil Ass'n v. Kangadis Food Inc., 2013 WL 1777774 (S.D.N.Y.) NAOOA sued Kangadis for false advertising under the Lanham Act and NY General Business Law §§ 349 and 350, alleging that Kangadis marketed a product asShow More Summary
Consumer Class Actions panel at the ABA
Buy This All-Natural Product and Become Stronger, Healthier, and Sexier: The Latest in False Advertising Consumer Class Actions Moderator: Patricia E. Lowry, Squire Sanders US LLP Aashish Desai, Desai Law Firm, P.C. Dukes and Concepcion made plaintiffs’ lives much harder. Show More Summary
Transformativeness doesn't require commentary on original
Cariou v. Prince, No. 11-1197-cv (2d Cir. April 25, 2013)
The court of appeals reversed the grant of summary judgment
o photographer Patrick Cariou, and ordered the entry of summary judgment in
favor of well-known appropriation artist...Show More Summary
no preemption for ordinary falsity claim about FDA-regulated product
Won Kyung Hwang v. Ohso Clean, Inc., 2013 WL 1632697 (N.D. Cal.) Hwang sued on behalf of consumers who bought CleanWell sanitizing products, alleging California consumer protection claims and violation of the Magnuson Moss Act. Until...Show More Summary