Rebecca Tushnet's 43(B)log
False advertising and more
Thursday, June 22, 2017
Copyright Office issues 1201 report
Available here . It's a lot to go through, but on first inspection they seem to be trying to address persistent problems, though in the...
Wednesday, June 21, 2017
Slightly cooler take on Tam
I will have some more thoughts in Tam in a forthcoming amicus brief arguing that dilution is unconstitutional. I think this was about the ...
Monday, June 19, 2017
Court approves conjoint analysis to determine damages in consumer class action
Morales v. Kraft Foods Group, Inc., 2017 WL 2598556, No. CV14-04387 (C.D. Cal. Jun. 9, 2017) Plaintiffs alleged that they were misled b...
Will B&B preclusion become typical?
Buzz Seating, Inc. v. Encore Seating, Inc., No. 16-cv-1131 (S.D. Ohio Jun. 16, 2017) This case suggests that B&B is quite a broad ...
Friday, June 16, 2017
TM question of the day, we all scream edition
I'm reasonably sure Joy ice cream cones aren't not owned by the owner of rights in Pepperidge Farm goldfish or Teddy Grahams, so how...
Thursday, June 15, 2017
Failure to plead with particularity dooms supplement false advertising claim
Nutrition Distribution, LLC v. New Health Ventures, LLC, 2017 WL 2547307, No. 16-cv-02338 (S.D. Cal. Jun. 13, 2017) Nutrition Distribut...
Fair use is the fifth season in Jersey Boys case
Corbello v. DeVito, No. 08-cv-00867 (D. Nev. Jun. 14, 2017) One reason fair use jurisprudence can be frustrating is that it has become...
Wednesday, June 14, 2017
Long review: of land (and other) registration
Benito Arru ñ ada, Institutional Foundations of Impersonal Exchange: Theory and Policy of Contractual Registries : This book ’ s only signi...
false advertising claim based on (c) ownership not preempted, court rules
Carter v. Pallante, 2017 WL 2506419, No. 16 C 6786 (N.D. Ill. Jun. 9, 2017) Tollie Carter has sued Maria A. Pallante (now acting Regist...
Oh, the Lawsuits You'll Lose! Court rejects TM claim against Seuss/Trek mashup, signals (c) likely to go too
Dr. Seuss Enters., L.P. v. Comicmix LLC, 2017 WL 2505007, No. 16cv2779 (C.D. Cal. Jun. 9, 2017) Plaintiff owns the rights to Seuss’s Oh...
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