Rebecca Tushnet's 43(B)log

False advertising and more

Tuesday, January 31, 2006

Nothing's certain but death and taxes

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And class actions, of course. Laster v. T-Mobile USA, Inc., --- F.Supp.2d ----, 2005 WL 3610616 (S.D.Cal.) In this putative class action, th...

Attracts deer but also false advertising claims

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Wildlife Research Center, Inc. v. Robinson Outdoors, Inc., -- F.Supp.2d --, 2005 WL 3676530 (D. Minn.) This case resulted in a judgment of $...
Monday, January 30, 2006

Northeast Mississippi Daily Journal, corrupter of youth?

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The paper solicited youngsters to write in with their versions of the seventh Harry Potter novel. Inducement to infringe the derivative wo...

Self-blurring?

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Slate on Ford Fusion ads that look like iPod ads . This post was going to be called "Initial interest confusion, thy name is Ford,...

No publisher liability for false specialization claims

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American Association of Orthodontists v. Yellow Book Usa, Inc. , --- F.3d ----, 2006 WL 162979 (8th Cir.) The American Association of Orthod...

When the moon hits your eye like a big pizza pie ...

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... it could be a jab from a disgruntled family member. Rosati's Franchise Systems, Inc. v. Rosati, 2006 WL 163145 (N.D.Ill.) Rosati’s F...

Farmed salmon: under the pink

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Gallego v. Wal-Mart Stores, Inc. , 707 N.W.2d 539 (Wisc. Ct. App. 2005) Gallego filed a class action complaint against Wal-Mart for misrepre...
Saturday, January 28, 2006

A new justification for the derivative works right

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Michael Abramowicz has written A Theory of Copyright's Derivative Right and Related Doctrines , 90 Minn. L. Rev. 317 (2005), offering a ...
Friday, January 27, 2006

Mandarins and Geographic Origin

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"I guess you could say it's a sense of terroir ." What I find particularly interesting (aside from the idea of more yummy ta...
Sunday, January 22, 2006

International survey of nontraditional marks

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This excellent site , available in English or German, includes useful surveys of applications and registrations for smell, taste, sound, mot...

Laches, patent claims, and false advertising

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Icon Health & Fitness, Inc. v. The Nautilus Group, Inc., 2005 WL 3681813 (D. Utah) False advertising cases, like trademark cases, are of...
Thursday, January 19, 2006

I suppose it was inevitable

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Ned Snow, writing in the Syracuse Law Review (unfortunately unavailable at the Law Review's site), argues that Grokster makes Tivo liab...
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Wednesday, January 18, 2006

Remember that hypothetical about whether taping lectures infringed on rights in the prof's notes?

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Hypothetical no more : UCLAProfs.com offers money for tapes and notes of targeted professors' classes. The idea is to expose ideologica...

Ben & Jerry's Ice Cream

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Ben & Jerry's Ice Cream Greeting Cards ... from Florida State University. Photomicrographs (photos taken through a microscope) of ...
Friday, January 13, 2006

Don't read

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So, apparently the American Library Association sent a cease and desist letter alleging that Audible.com's Don't Read campaign ...
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