Rebecca Tushnet's 43(B)log

False advertising and more

Monday, September 14, 2009

US News rankings and false advertising

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Via Zach Schrag, Inside Higher Ed reports on what appear to be deliberate misrepresentations by some schools to improve their reports on un...

Are they made with real Girl Scouts? Cookbook claim fails

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Lapine v. Seinfeld, 2009 WL 2902584 (S.D.N.Y.) Missy Chase Lapine sued Jessica Seinfeld and her publishers for copyright and trademark ...
5 comments:
Friday, September 11, 2009

Rocket pop: Pfizer wins Viagra case

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Pfizer Inc. v. Sachs, 2009 WL 2876255 (S.D.N.Y.) Roughly a year ago, Sachs towed a rocket through Manhattan to promote a business, JetA...
Sunday, September 06, 2009

Yahoo!'s use of personal name not confusing as matter of law

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Stayart v. Yahoo! Inc., 2009 WL 2840478 (E.D. Wis.) Beverly Stayart searched her own name and “didn’t like the results.” She got lin...

Dispute fueled by inappropriate tests

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Star-Brite Distributing, Inc. v. Kop-Coat, Inc., --- F.Supp.2d ----, 2009 WL 2840723 (S.D. Fla.) Star-Brite’s StarTron competes with Ko...

Flickr changes DMCA policy to preserve metadata

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And, vitally, comments on materials that have been taken down, according to the NYT . This is full DMCA compliance, just a different way of...
Thursday, September 03, 2009

This is how Hollywood wants user-generated content to look

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Locked down, crippled, and difficult .
1 comment:
Wednesday, September 02, 2009

Red and green lights for traffic false advertising claims

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American Traffic Solutions, Inc. v. Redflex Traffic Systems, Inc., 2009 WL 2714017 (D. Ariz.) The parties compete to sell and operate t...
Tuesday, September 01, 2009

Not diluting so much as congealing

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The most noticeable thing for me about this ad, featured in the NYT story on NYC's new anti-obesity campaign , was the familiar (registe...
1 comment:
Friday, August 28, 2009

FTC and Trudeau split decision

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Federal Trade Commission v. Trudeau, 2009 WL 2615822 (7th Cir.) In a mixed ruling, the court of appeals upheld a contempt finding again...
Thursday, August 27, 2009

FTC loses substantiation case because of good faith

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FTC v. Lane-Labs USA, Inc. (D.N.J. Aug. 11, 2009) Liability under the Lanham Act and the FTC Act is strict. What about liability unde...
2 comments:
Wednesday, August 26, 2009

Recent reading: piracy as creativity

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One of the most interesting pieces I've read in a while: Lawrence Liang, Piracy, Creativity and Infrastructure: Rethinking Access to Cul...

Being good in business is the most fascinating kind of art

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Meatwater .
Tuesday, August 25, 2009

Scariest headline I've seen in a while.

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In the future, everyone will monetize their 15 minutes . Google, what happened to "don't be evil"? Is this the world you rea...

Best Twilight-related merchandise ever.

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NSFW. It's a sex toy; it sparkles . Some of the promo text: The Vamp [has] a deathly pale flesh tone reminiscent of the new moon's...
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