Rebecca Tushnet's 43(B)log

People v. Williams (Ill. S. Ct. 2009) Since I just taught this topic, I figured a new decision in the area was worth blogging about. ...

The piece, on creative motivations and their overlap or lack thereof with copyright's incentive theory, is available here , and William ...

PBM Products, LLC v. Mead Johnson Nutrition Co. (E.D. Va. Dec. 1, 2009) According to PBM Products, the maker of store-brand infant form...

Most times, trademark owners' allegations that consumers will be confused about sponsorship or affiliation are just ways to expand the s...

Sponsored by the American Bar Association Section of Antitrust Law Committees on Private Advertising Litigation , Consumer Protection, Feder...

Rebecca Tushnet, Fighting Freestyle: The First Amendment, Fairness, and Corporate Reputation , 51 B.C. L. Rev. 1457 (2009) Abstract: There a...

RPF doesn't pose the same legal challenges as fan fiction (one reading: the commercial sanctity of texts is more important to the people...

This is a really interesting story about how two crossword puzzles could end up looking extremely similar without copying, through the inte...

Baltimore just passed a measure requiring crisis pregnancy centers to disclose that they do not “provide or make referral for abortion or b...

Edward J. Larson, Murder Will Out: Rethinking the Right of Publicity through One Classic Case A really interesting story about the rig...

Expedia, Inc. v. Priceline.com Inc., No. 2:09-cv-00712-RSL (W.D. Wash. Nov. 23, 2009) Expedia sued Priceline over allegedly misleading ...

Going Rouge, the unflattering version of the Sarah Palin story, is apparently causing enough confusion with Palin's Going Rogue that the...

LG Electronics vs. Whirlpool Corp. (N.D. Ill. Nov. 23, 2009) Earlier discussion here . Thanks to Ron Rothstein of Winston & Straw...

" Companies that were once content to fight in grocery-store aisles and on television commercials are now choosing a different route —...

Tseng v. Marukai Corp. U.S.A., 2009 WL 3841933 (C.D. Cal.) Tseng alleged patent infringement and false advertising, but didn’t include ...