Rebecca Tushnet's 43(B)log

False advertising and more

Saturday, January 30, 2010

A Rolling Stone gathers no right of publicity liability

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Stewart v. Rolling Stone LLC, --- Cal.Rptr.3d ----, 2010 WL 317016 (Cal.App. 1 Dist.) Fascinating case! Indie rock musicians from the...
Tuesday, January 26, 2010

Leaving a billboard in place isn't actionable use of a mark

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Howard Johnson International, Inc. v. Vraj Brig, LLC, 2010 WL 215381 (D.N.J.) HJI licenses franchisees to use Howard Johnson marks. D...
Sunday, January 24, 2010

Calling on insurers fails for phone-card defense

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Total Call International, Inc. v. Peerless Ins. Co., --- Cal.Rptr.3d ----, 2010 WL 188213 (Cal.App. 2 Dist.) Plaintiff-appellant TCI ar...
Friday, January 22, 2010

New short paper on hybrids and remixes

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Hybrid Vigor: Mashups, Cyborgs, and Other Necessary Monsters , 6 I/S: J. L. & P OL . I NFO . S OC . 1 (2010). I consider this...
1 comment:
Thursday, January 21, 2010

Department of Justice, false advertiser?

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Trusted Integration, Inc. v. United States, --- F. Supp. 2d ---, 2010 WL 174143 (D.D.C.) A false advertising claim against the US caught my ...
2 comments:
Tuesday, January 19, 2010

Highs and lows: mixed ruling in copying/comparative advertising case

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Gennie Shifter, LLC v. Lokar, Inc., 2010 WL 126181 (D. Colo.) Gennie Shifter makes aftermarket auto parts and accessories. It sued co...
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Number of minutes is material to calling card ads

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IDT Telecom, Inc. v. CVT Prepaid Solutions, Inc., 2009 WL 5205968 (D.N.J.) Plaintiffs alleged they’d lost market share and millions in ...
Monday, January 18, 2010

Litigating about litigation: infant formula battle continues

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PBM Products, LLC v. Mead Johnson Nutrition Co., 2009 WL 5216948 (E.D. Va.) Several earlier rulings . Of note here: PBM’s infant formula...
1 comment:
Friday, January 15, 2010

Off topic: tech stuff I like

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With all the hype over Apple’s forthcoming tablet (disclosure: if it’s got a stylus, I fully intend to buy one too!), and exam grading weigh...
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Virginia State Bar Section on Intellectual Property Law Law Student Writing Competition

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For anyone interested: The Intellectual Property Law Student Writing Competition seeks to promote academic debate and the dissemination of i...
Thursday, January 14, 2010

Literal greenwashing--well, the washing part anyway

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Koh v. S.C. Johnson & Son, Inc., 2010 WL 94265 (N.D. Cal.) Koh sued for violations of California’s UCL, FAL, and CLRA, along with c...

It's a Wonderful Remix

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Eugene Jarecki used It's a Wonderful Life to promote the idea of moving one's money to community banks. Stephen Colbert showed Ja...
Wednesday, January 13, 2010

World's Fair Use day part two

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Panel 2: Emerging Media: Commentary, Criticism and the New Publishing Paradigm David Bollier, Public Knowledge board member Pat Au...
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