Rebecca Tushnet's 43(B)log

False advertising and more

Saturday, April 11, 2009

False accusations of patent infringement justify fee award, not damages

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Veteran Medical Products, Inc. v. Bionix Development Corp., 2009 WL 891724 (W.D. Mich.) Veteran Medical makes a plastic double-ended ea...
Friday, April 10, 2009

Too much attribution?

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This discussion of a Dow Jones site's reuse of other blog content suggests that over-attribution, though accurate, was the source of bl...

5 Hour Power struck unfair blow against alleged infringer 6 Hour Power

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Innovation Ventures, LLC v. Body Dynamics, Inc., 2009 WL 877640 (E.D. Mich.) The court adopted the magistrate’s report and recommendati...
Thursday, April 09, 2009

tax protest as false advertising

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United States v. Benson, --- F.3d ----, 2009 WL 902291 (7th Cir.) Benson is a tax protester. The district court enjoined him from pro...

MSNBC.com on the Fairey v. AP case

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I participated in an interview with NBC's gracious Lisa Green.
1 comment:
Wednesday, April 08, 2009

FDA warns companies over sponsored links

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The FDA sent warning letters to 14 companies about sponsored links whose text did not sufficiently disclose the risks of the advertised dru...
1 comment:

Things you never want your musician-client to say

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"'Our very first spark was the Marvelettes,' Marr has said. 'We very, very consciously wore our girl group, retro, sixties...
Tuesday, April 07, 2009

Plastic fantastic: failure to monitor packaging dooms TM claim, but other claims proceed

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Perrin & Nissen Ltd. v. SAS Group Inc., 2009 WL 857606 (S.D.N.Y.) Perrin & Nissen sued SAS for trademark, trade dress, and copy...

FTC ad parodies freecreditreport.com

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Slate does the comparison for me, pointing out that freecreditreport.com's annual advertising budget is a significant fraction of the F...

IPSC deadline extended

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The submissions deadline for the 9 th Annual Intellectual Property Scholars Conference at Cardozo School of Law has been extended to Apri...
Monday, April 06, 2009

Discussion questions

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The American Indians In Children's Literature blog has a revised discussion guide based on the official discussion guide for Gerald Mc...

Settlement disagreement leads to copyright, trade secret and false advertising claims

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SimplexGrinnell LP v. Integrated Systems & Power, Inc., 2009 WL 857504 (S.D.N.Y.) The plaintiff, SG, sells and services commercial ...
Sunday, April 05, 2009

BC Law Review Symposium, panel 4

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The First Amendment & The Construction of Copyright Alfred Yen, Boston College Law School Yen accepts Eldred , at least partially...

Mammoth opinion in drug false advertising case

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Bracco Diagnostics, Inc. v. Amersham Health, Inc., 2009 WL 806581 (D.N.J.) Fair warning: this decision runs over 120 pages in Word. I...
Saturday, April 04, 2009

BC Law Review Symposium, panel 3

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Publicity, Reputation, Commerce & The First Amendment Diane Zimmerman, NYU Law Not all things we think of as IP will offend a ...
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