Rebecca Tushnet's 43(B)log
False advertising and more
Wednesday, May 16, 2018
Is this "diet" soda script too close to Diet Coke's?
I have to admit, I might expect it to be a Coca-Cola product. What's more, it's made in the US, not Brazil, and seems to be a copy ...
But in that sleep what dreams of liability may come?
When you sue a competitor for false advertising, be prepared to get sued back. In this pair of opinions, most of the parties’ claims agai...
Tuesday, May 08, 2018
TM exam question: the right of publicity v. comparative advertising
What if Coco Chanel had been the plaintiff in Smith v. Chanel? This question made me very happy, and I got a bunch of interesting answers o...
exercise company affiliation and ad revenue don't make diet review into commercial speech
GOLO, Inc. v. HighYa, LLC, 2018 WL 2086733, No. 17-2714 (E.D. Pa. May 4, 2018) The court here declines to apply the Lanham Act to “com...
Monday, May 07, 2018
Content Moderation at Scale, 2/2
You Make the Call: Audience Interactive (with a trigger warning for content requiring moderation) Emma Llanso, Center for Democracy &a...
Content Moderation at Scale, DC Version
Foundations: The Legal and Public Policy Framework for Content Eric Goldman gave a spirited overview of 230 and related rules, inclu...
CC-licensed or not? you be the judge
A knitting pattern I'm using comes with a CC license and license terms that seem distinctly un-CC. For contracts folks out there, what ...
Showing good-looking cuts of meat is puffery for pet food
Wysong Corp. v. APN, Inc. 2018 WL 2050449, -- F.3d – (6 th Cir. May 3, 2018)| Wysong, which sells pet food, sued six competitors for ...
Thursday, May 03, 2018
ABC doesn't find getting rid of pro se (c) and TM claim so simple
Manigault v. ABC Inc., 2018 WL 2022823, No. 17-CV-7375 (S.D.N.Y. Apr. 12, 2018) (magistrate judge) An app owner’s copyright and tr...
Monday, April 30, 2018
Alzheimer's Association and Alzheimer's Foundation in keyword battle
Among other things, this case has some interesting things to say about IIC and proper controls in survey cases. Alzheimer’s Disease &a...
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