Rebecca Tushnet's 43(B)log

World’s Fair Use Day , sponsored by Public Knowledge Morning Keynote: Pa. Congressman Mike Doyle Found out about a constituent, Girl ...

Terrence A. Maxwell, Uncle Tom’s Cabin in the Public Domain. From the introduction: There is an enduring notion handed down from the Rom...

Google is trying to be more involved in East Coast code, and this was a wonderful implementation of that greater involvement. Kudos to all ...

The Supreme Court's decision in Harper & Row v. Nation seemed to put even minimal quotation from unpublished works at risk. But ha...

Peter Watts wrote a good story, The Things . It is a retelling of The Thing from the perspective of the Thing, and a commentary on what i...

Pom Wonderful LLC v. Welch Foods, Inc., 2009 WL 5184422 (C.D. Cal.) Pom (I’ll follow the court’s capitalization) sued Welch for state a...

POM Wonderful LLC v. Purely Juice, Inc., 2009 WL 5184233 (9th Cir.) The court of appeals affirmed the district court’s findings of fal...

NYT blogs the story here . Obama might be the only prominent celebrity so unlikely to act against this type of use of his image that the pu...

Gates Corp. v. Dorman Products, Inc., 2009 WL 5126556 (D. Colo.) This case is pretty straight down the center of Lanham Act false advertisin...

Property Outlaws: How Squatters, Pirates and Protesters Improve the Law of Ownership , by Eduardo Peñalver and Sonia Katyal. I blurbed it, ...

The Forest Group, Inc. v. Bon Tool Co., -- F.3d – (Fed. Cir. 2009) Background reading: Elizabeth Winston, who’s been arguing for revita...

Rocky Brands, Inc. v. Red Wing Shoe Co., 2009 WL 5125475 (S.D. Ohio) Previous ruling blogged here . Rocky alleged that Red Wing marke...

DJ Earworm has released a mashup of this year's top 25 songs, in video and mp3. I think it's the best yet, and actually says someth...

PBM Products v. Mead Johnson Nutrition Co., 2009 WL 5090862 (E.D. Va.) Previous discussion . PBM complained that Mead Johnson had re...

Davis v. Chase Bank U.S.A., N.A., 650 F.Supp.2d 1073 (C.D. Cal. 2009) A brief note: the credit card practice alleged here is so ridicul...