Rebecca Tushnet's 43(B)log

AdvertisingAge on increasingly aggressive comparative ads , perhaps partaking of the flavor of the political season. I wonder about those M...

John McCain's IP troubles have been more prominently discussed, but there's a bit of IP borrowing on the blue side as well.

Reading Jessica Silbey on IP’s gendered assumptions, I can’t help thinking about copyright strike suits (lawsuits filed alleging substantia...

Anne Barron, Copyright Infringement, ‘Free-Riding’ and the Lifeworld , LSE Law, Society and Economy Working Papers 17/2008 A vigorous assau...

Got this in my email just now: Call for Papers Digital Labour: Workers, Authors, Citizens. A conference hosted by the Digital Labour Group ...

Foboha GMBH v. Gram Technology, Inc., 2008 WL 4619795 (N.D. Ill.) Gram and its CEO, Jess Gram, claim rights in “a process for molding a...

Following up on previous posts (this is the most in-depth post) on this somewhat unusual false advertising case: The claims were based on ...

Who would have thought of the "Frypod" before Burger King came up with it? The variety of blurring uses is simply infinite, and A...

For those following the McCain/YouTube exchange, this may be of interest.

I'm a member of the board of the Organization for Transformative Works, whose mission is to preserve and defend fanworks. We are curren...

EFF posts the letter YT sent in response, making a number of good points. Most notably, YT rejects the idea of giving certain channels more...

Pandora Jewelry, LLC v. Chamilia, LLC, 2008 WL 4533902 (D. Md.) The parties compete in the specialty jewelry market—they make charms th...

Larry Lessig says the campaign's response to repeated notice-and-takedown requests is great: they call on YouTube to engage in fair use ...

The NYT has a feature on the raising and marketing of catfish in a global market, touching on issues of false advertising (what is a catfish...

Koch v. Greenberg, 2008 WL 4450273 (S.D.N.Y.) Koch sued Zachys Wine & Liquor Stores and other defendants for fraud, negligent misre...