Rebecca Tushnet's 43(B)log

False advertising and more

Wednesday, September 15, 2010

DMCA defense, lack of secondary liability not suitable for motion to dismiss

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Williams v. Scribd, Inc., NO. 09cv1836-LAB (WMc) (S.D. Cal. 2010) Williams writes books on commodities trading. Scribd allows people ...
Tuesday, September 14, 2010

IPO: right of publicity

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Intellectual Property Owners Association Annual Meeting . ETA: link to materials removed at request of the IPO, even though the link was to...

eBay beats back false advertising claim

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Tiffany (NJ) Inc. v. eBay, Inc. (SDNY 2010) The Second Circuit remanded this case solely on the false advertising issue. As I predic...
Sunday, September 12, 2010

Advice for aspiring academics

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Put your works up on SSRN or BePress! Make it easy on us on the hiring committees. It's easy goodwill. (I grumble now when I have to g...
1 comment:
Saturday, September 11, 2010

Trademark bullies, trademark hypocrites

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Fans sometimes make tribute merchandise for their shows, often with references only intelligible to those already in the know, and sell them...
1 comment:
Friday, September 10, 2010

... and it's gone

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Extra copy of the trademark book is gone.

Free to good home

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Extra copy of Trademark Law & Theory: A Handbook of Contemporary Research (eds. Graeme Dinwoodie & Mark Janis, Edward Elgar Press), ...
Thursday, September 09, 2010

230 bars defamation, not false advertising claim

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Reit v. Yelp!, Inc., --- N.Y.S.2d ----, 2010 WL 3490167 (N.Y.Sup.), Reit, a dentist, sued Yelp! and John Doe (Michael S.) for defamatio...
Wednesday, September 08, 2010

Co-editor for Software Law book sought

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Elgar Press is currently developing a series with Jeremy Philllips called “Research Handbooks in Intellectual Property.” One of the new pro...
Tuesday, September 07, 2010

Bureau of Consumer Protection launches business center, blog

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The FTC's BCP has a new site , including a blog , with many useful resources for businesses, including videos they encourage people to u...
Monday, September 06, 2010

Shepard Furry (pun by Zach Schrag)

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I'm particularly impressed by the noble uptilt of the head.

Pom Wonderful avoids unclean hands dismissal

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POM Wonderful LLC v. Welch Foods, Inc., 2010 WL 3368430 (C.D.Cal.) Pom sued Welch for false advertising over Welch’s sales of mixed frui...
1 comment:
Sunday, September 05, 2010

Expert testimony on damages and materiality

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LG Electronics U.S.A., Inc. v. Whirlpool Corp., 2010 WL 3397358 (N.D. Ill.) Previous reporting in this case that is exploring the increasi...
Friday, August 27, 2010

Court reduces $10 million false advertising award to half a million

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National Products, Inc. v. Gamber-Johnson LLC (W.D. Wash. 2010) Seattle Trademark Lawyer has been following the case. Gamber-Johnson...

Not a close shave: Gillette class action settlement wins preliminary approval

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In re M3 Power Razor System Marketing & Sales Practice Litigation, 2010 WL 3082198 (D. Mass.) This is a consolidated class action o...
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