Rebecca Tushnet's 43(B)log

False advertising and more

Monday, January 09, 2006

Thirteen ways of looking at a gorilla

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William Patry looks at the history of Ingagi , the "gorilla 'sex'" film that preceded RKO's King Kong and sees a cop...

Patent claims as the basis for false advertising claims -- or not

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Chip-Mender, Inc. v. Sherwin-Williams Company, 2006 WL 13058 (N.D.Cal.) Plaintiff sued defendant for patent infringement involving a touch-u...
Sunday, January 08, 2006

The definition of commercial speech: hand me my leather

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Katzkin Leather, Inc. v. Nissan North America, Inc., 2005 WL 3593999 (C.D.Cal.) Plaintiff Katzkin makes aftermarket leather seat covers for ...

California's false advertising law used to enforce federal banking law

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Smith v. Wells Fargo Bank, N.A., 2005 WL 3588442 (Cal. Ct. App. 4th Dist.) Sean Smith sued Wells Fargo (the Bank) over its Check Card polici...
2 comments:

Ripoffreport.com loses section 230 defense

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Via Eric Goldman , a case in which a court denies a defendant's claim for immunity based on Section 230 immunity for content providers. ...
1 comment:
Saturday, January 07, 2006

AALS Annual Meeting, Section on IP, part five

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Final post, the comments period. Again, I emphasize that these are my notes, not a transcript. Eventually, I'm told, a podcast will be...

AALS Annual Meeting, Section on IP, part four

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Justin Hughes: Hughes argued that courts and legislatures around the world have found similar intent-based solutions to the contributory inf...

AALS Annual Meeting, Section on IP, part three

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Ray Ku: Should statutory damages be available in indirect infringement cases? Ku uses game theory to compare the incentives of tech compani...

AALS Annual Meeting, Section on IP, part two

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The Direct and Indirect Infringement Issues Surrounding P2P: Sharing or Piracy? Wendy Gordon: Gordon had problems with both the outcome and ...

AALS Annual Meeting, Section on IP, part one

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This year's IP panels at the Association of American Law Schools were uniformly high-quality and provocative. I'm going to post my ...
Friday, January 06, 2006

"Leveling the playing field" isn't actionable

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Rosenthal Collins Group, LLC v. Trading Technologies International, Inc., 2005 WL 3557947 (N.D.Ill.): RCG, the plaintiff, sought a declarato...
Tuesday, January 03, 2006

Another IPod problem

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From ipodmyphoto to ipodmybaby (both of which have been changed to redirect from an "ipod"-containing domain name to one using ...

It's English, I swear! Or at least legalese

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How embarrassing. To make my most recent post on comics and IP, I was required to use "word verification," typing in an image of ...

IP Issues about Comics Issues

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Mark Newport's hand-knit superhero costumes (Daredevil, Spider-Man, etc.) are neat, and the descriptions on the website make an intrigu...

Systematic lemon law violations justify near-10x punitive multiplier

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Johnson v. Ford Motor Co. , --- Cal.Rptr.3d ----, 2005 WL 3508327 (Cal.App. 5 Dist.): On remand from the California Supreme Court, the Court...
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