Friday, December 15, 2006

Inducement in the Colbert Nation

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As the Language Log explains , Stephen Colbert has urged his legions of followers to download a replacement entry for their copies of Merria...
Thursday, December 14, 2006

Buzz marketing's potential for deception

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The FTC’s staff opinion letter on buzz marketing is here . Commercial Alert, whose request for investigation prompted the letter, has a mo...
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Tuesday, December 12, 2006

Milk: Primary jurisdiction does it good

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Physicians Committee for Responsible Medicine v. General Mills, Inc., 2006 WL 3487651 (E.D. Va.) Plaintiffs (either truthtellers or animal-r...

Fraud on the FDA may disentitle a manufacturer from protection against state law claims

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In re Medtronic, Inc., Implantable Defibrillators Litigation, 2006 WL 3420285 (D. Minn.) This multidistrict litigation could have ended swif...

Final NYU panel on dilution

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Final discussion: James Whitman, Yale University: The comparativist’s perspective Of course European law protects free expression, but it’s ...
Monday, December 11, 2006

Dilution and free speech: further comments

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At Rochelle’s kind invitation, I talked about my work on cognitive psychological explanations of dilution, which are offered in support of t...

Rochelle Dreyfuss on dilution

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Rochelle Dreyfuss, NYU School of Law: Her general doubts about extensions of TM law including initial interest confusion, post sale confusio...

European perspectives on due cause and free speech

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Brief discursion: Recent Court of London decision on comparative advertising. The claimant had static images that were registered marks us...

NYU dilution confernence: Diane Zimmerman

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Session 3: Countervailing considerations. Due cause, free speech and effective competition. Diane Zimmerman, NYU School of Law: Zimmerm...
Sunday, December 10, 2006

Barton Beebe and discussion on dilution

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Barton Beebe gave a brief presentation on his empirical study of TM confusion cases and how the multifactor test for confusion plays out the...

Jacob Jacoby on dilution

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Jacob Jacoby, NYU Stern Business School: His topic was the use of dilution research in court, and its potential applications to the new fede...

Geoffrey Hobbs on dilution

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Geoffrey Hobbs, QC, The Inner Temple, and Appointed Person, UK Patent Office (hearing appeals from the Registrar of Trade Marks): If you hav...

Clarisa Long on dilution

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Session 2 of the NYU conference on dilution: Protection in practice: Legal and evidentiary tools for defining the scope of dilution law. ...

McDonald's brief and reply in 11th Circuit appeal

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Prior posts here and here . Again courtesy of appellants' lawyers, I have put the McDonald's brief and the appellants' reply he...
Saturday, December 09, 2006

Graeme Dinwoodie and discussion on dilution law

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Graeme Dinwoodie, Chicago-Kent School of Law: His comments focus on the 1995 US law, which contained an inappropriate interpretation/assimil...