Rebecca Tushnet's 43(B)log

Fair use best practices for user-generated content – a project of the EFF, the American University Program on Information Justice and Intel...

Haritatos v. Hasbro, Inc., 2007 WL 3124626 (N.D.N.Y.) Plaintiff makes and sells candy out of his home in Rome, New York. In 1919, thr...

PlastWood SRL v. Rose Art Industries, Inc., 2007 WL 3129589 (W.D. Wash.) The parties compete in the market for magnetic construction t...

The NYT has a story on the increasing popularity of "natural" and "organic" cosmetics. The trouble is, while "orga...

Slate on celebrity Halloween masks. I do wonder whether celebrities with no shame, like Paris Hilton, could make a better false endorsemen...

This fascinating NYT story about Chinese chemical exports contains many gems, including this: “We don’t have the resources and means to pro...

This series of images from the Adam West Batman , combined with captions from Frank Miller's version , works as commentary just by juxta...

Webcast of lecture at AU here . This was a student-oriented presentation offering an overview of permitted uses, which McCarthy argued shou...

The title of the website to which this post refers suggests that standard confusion claims against the businesses that have set up shop in p...

but to do what is not entirely clear. As I picked up from the Trademark Blog , it appears that a lawyer representing Avis has told a legal ...

Axcan Scandipharm Inc. v. Ethex Corp., 2007 WL 3095367 (D. Minn.) Plaintiff makes the Ultrase line of pancreatic enzyme supplements. ...

Canadian Spaghnum Peat Moss Ass’n v. Organix, Inc., complaint filed Oct. 18, 2007, D. Or. First worm poop , now cow poop. As green mar...

Putney, Inc. v. Pfizer, Inc., 2007 WL 3047159 (D. Me.) (magistrate judge) Pfizer, the defendant, moved for a preliminary injunction on ...

True v. American Honda Motor Co., Inc., --- F.Supp.2d ----, 2007 WL 3054569 (C.D. Cal.) Plaintiff sued for allegedly false and deceptiv...

The Chicago Tribune runs a story on Trudeau's continuing battle with the FTC, in which I'm quoted. Check out the Google ads on the ...