Rebecca Tushnet's 43(B)log
False advertising and more
Saturday, February 11, 2012
WIPIP part 3
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William K. Ford, ProCD: Tidying Up After the Stranger on the Street Epstein thinks the district court’s decision in ProCD was doctrinali...
Friday, February 10, 2012
WIPIP part 2
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Lydia Loren, Orphan Works and Open Access Orphan metaphor: poor things that need help/protection—powerful metaphor, fits with powerful/p...
WIPIP part 1
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WIPIP/Houston My apologies—I was a bit sick so I missed some of the discussion. Mary LaFrance, Distinctly Personal: Trademarks in Individual...
Thursday, February 09, 2012
Manufacturer and reseller compete, but Lanham Act claim still fails
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InCompass IT, Inc. v. Dell, Inc., 2012 WL 383960 (D. Minn.) There are some misappropriation/trade secret claims here, but I’m just cover...
Neither Dukes nor Honda bar certification where ad claims were on all packages
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Johns v. Bayer Corp., 2012 WL 368032 (S.D. Cal.) The court granted plaintiffs’ motion for certification, indicating that the recent Hon...
Nationwide class action can't proceed under California law
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Mazza v. American Honda Motor Co., Inc., --- F.3d ----, 2012 WL 89176 (9 th Cir.) A little late, but this case will be much cited (see...
Friday, February 03, 2012
Don't Settle with Honda, lawyer says
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Here's her website . She opted out of the settlement, sued Honda in small claims court, and won nearly the statutory maximum of $10,000...
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