Rebecca Tushnet's 43(B)log

Maxwell's Demon: Interesting story on Facebook's sudden change of the default for visibility of actions -- with a new person-based n...

Lands' End, Inc. v. Remy , --- F.Supp.2d ----, 2006 WL 2521321 (W.D. Wis.) Plaintiff sued for violations of the Lanham Act, ACPA, a...

Farm Raised Salmon Cases , 2006 WL 2510152 (Cal. App. 2 Dist.) Various plaintiffs sued grocery stores alleging that the defendants sold arti...

Pharma Marketing Blog and Eye on FDA discuss the proposal to have FDA pre-review all direct-to-consumer ads. While the former notes that ...

Fan Fiction and Fan Communities in the Age of the Internet , eds. Karen Hellekson & Kristina Busse: You’ve got to read Textual Poachers ...

Skydive Arizona, Inc. v. Quattrochi, 2006 WL 2460595 (D. Ariz.) Plaintiff’s trademark and false advertising claims are based on defenda...

GMs beware: check your EULAs, or you could end up like this !

Working on a book chapter on trademark and free speech, I came across an argument for the dilution cause of action that I really don’t buy...

This Washington Post story on artists performing concerts in the game Second Life is intriguing because it doesn't distinguish authoriz...

In re Bextra and Celebrex Marketing Sales Practices and Product Liability Litigation, 2006 WL 2374742 (N.D.Cal.) Judge Breyer is handli...

The Pet Shop Boys have a solid new album, including the song Integral, which is about the proposed British national ID cards . It doesn...

Chris Anderson, The Long Tail: Why the Future of Business Is Selling Less of More : Full disclosure – I got a copy of the book free by promi...

AstraZeneca LP v. TAP Pharmaceutical Products, Inc., 2006 WL 2338144 (D. Del.) AstraZeneca sought a declaratory judgment that its “Bette...

This NYT story by Kurt Eichenwald is as disturbing as his first piece on child exploitation online. What struck the IP lawyer in me was th...

MPC Containment Systems, Ltd. v. Moreland, 2006 WL 2331148 (N.D. Ill. ) Plaintiff alleged a potpourri of state and federal claims again...