Rebecca Tushnet's 43(B)log

False advertising and more

Sunday, December 31, 2006

Dastar bars all Lanham Act authorship claims, court rules

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Antidote International Films, Inc. v. Bloomsbury Publishing, PLC, -- F.Supp.2d --, 2006 WL 3822484 (S.D.N.Y.) This case has juicy facts...
Friday, December 29, 2006

Google maintains 7/8ths world domination

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Bradley v. Google, Inc., 2006 WL 3798134 (N.D. Cal.) “This is a lawsuit over five dollars.” So begins the court’s analysis of pro se plaint...
Thursday, December 28, 2006

My new favorite trademark puzzle

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A great conceptual puzzle: Louis Vuitton is suing Dooney & Bourke over similar handbag designs. After remand from the Second Circuit ...

Court shoots down Crossbow dilution claim

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Nautilus Group, Inc. v. Icon Health and Fitness (W.D. Wash. Dec. 21, 2006), courtesy of the Seattle TM Lawyer . This latest round in a...
Wednesday, December 27, 2006

There is such a thing as a (carb-)free lunch: Atkins wins against cardiac patient

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Gorran v. Atkins Nutritionals, Inc., 05 Civ. 10679 (DC) (S.D.N.Y. Dec. 11, 2006): Jody Gorran was in good health, with low cholesterol and ...
Tuesday, December 26, 2006

Blogrolling: Institutional Review Boards

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My interest in IRBs is derivative -- I'm married to a historian who does 20th century history, including oral history. We've talked...

An end-of-year present from the Library of Congress

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RSS feeds , including four from the Copyright Office. Anyone who subscribes to all four is more serious about copyright than I can make mys...
Friday, December 22, 2006

Stealth advertising in nonbroadcast media

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I have just begun Ellen Goodman's article in the Texas Law Review on the topic. It promises to be a good read, and quite relevant for c...
Monday, December 18, 2006

Even I think this is a satire, not a parody

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"Time After Time" recast as a song about lawyers' billing . Fair use, or just very funny to those of us who've struggled ...
Saturday, December 16, 2006

false trademark registration claim fails Lanham Act standards

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GoNannies, Inc. v. GoAuPair.com, Inc., --- F.Supp.2d ----, 2006 WL 3590942 (N.D. Tex.) Plaintiff’s trademark claim against its competit...
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