Tuesday, July 01, 2008

Is it false to make your competitor's service worse and then say you're better?

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NetQuote, Inc. v. Byrd, 2008 WL 2552871 (D. Colo.) Previous coverage . Prior summary: NetQuote operates a web site that allows i...

Falsity, sincerity and implication

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Mark Spottswood, Falsity, Insincerity, and the Freedom of Expression , 16 William & Mary Bill Of Rights Journal 1203 (2008) This t...
4 comments:
Monday, June 30, 2008

The sweet smell of injunctive relief

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Here's news on the latest round in the Splenda wars. The pictures above show infringing Giant packaging and noninfringing Safeway packa...

Propaganda: sauce for the goose edition

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Michael Arrington, of TechCrunch, writes in The A.P. Has Violated My Copyright, And I Demand Justice : As far as I can tell,...
Friday, June 27, 2008

230 protects another review site; Lanham Act claims also fail

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Eric Goldman points to Nemet Chevrolet Ltd. v. ConsumerAffairs.com, Inc. , 1:08CV254 (E.D. Va. June 18, 2008) and the related CMLP page wi...
Thursday, June 26, 2008

Stealth marketing of medical services on YouTube

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This NYT feature on doctors who give consumers incentives to post doctor-created ads as their own contributions to YouTube raises some impo...
Tuesday, June 24, 2008

Lawyer's banquet

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Everyone needs something to do when traveling; what I do is look for IP issues. This image of a Rolling Stones album and song name, along wi...

consumer confusion in the under-3 set?

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An anecdote, for whatever it’s worth: when my 33-month-old son saw me take Goodnight Bush out of the mailer, he said, “That’s my book!” W...
3 comments:
Monday, June 23, 2008

Authorship, authenticity, advertising and ownership

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Societe Civile Succession Richard Guino v. Beseder Inc., 2008 WL 2463770 (D. Ariz.) The Societe moved for reconsideration of the court’...
Sunday, June 22, 2008

Yeager's publicity claim proceeds at Mach 1

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Yeager v. Cingular Wireless , 2008 WL 2413167 (E.D. Cal.) Chuck Yeager ( wikipedia for the unofficial biography) is a man of many acc...
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Canvas on Demand and copyrightability

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Patry's recent post on Meshwerks , which addressed the copyrightability of certain digital models of cars, came to mind when I came ac...
1 comment:
Sunday, June 15, 2008

HerbaQuit told to commit to quit suing

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Natural Answers, Inc. v. SmithKline Beecham Corp., --- F.3d ----, 2008 WL 2390483 (11th Cir.) Natural Answers (for a past interaction...
Friday, June 13, 2008

New article: User-generated Discontent

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User-Generated Discontent: Transformation in Practice , 31 C OLUM . J.L. & A RTS 110 (2008) (PDF). Using fanworks as a core ...
Thursday, June 12, 2008

Stephen Colbert on the perils of IP overenforcement

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On May 28, the Word featured Major League Baseball's attempts to bar Little League teams from using team names that emulate major-leagu...

Supplemental complaint: internet resale case survives summary judgment

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Standard Process, Inc. v. Total Health Discount, Inc., 2008 WL 2337279 (E.D.Wis.) Hey, an internet resale-of-goods case that isn’t enti...
1 comment: