Rebecca Tushnet's 43(B)log

False advertising and more

Monday, May 21, 2012

public access to published federally funded research

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Here’s a petition to the US government to commit to free public access to the published results of federally funded research that I think i...

False advertising case succeeds as TM claim

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Neighborhood Assistance Corp. of America v. First One Lending Corp., 2012 WL 1698368 (C.D. Cal.) It is interesting to see how TM has be...

Hamlet in over 60 films

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Including some quotations-- The Lion King , Clueless --that add to the fun.

Brands, not trademarks?

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The NYT has Adam Davidson on making choices in an information-oversaturated world .   It doesn’t use the word “trademark,” but recites the s...
Thursday, May 17, 2012

Plain tobacco packaging at Georgetown

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Nicola Roxon, Australian AG, Why Are Plain Packs Making Big Tobacco So Angry? If used correctly, tobacco kills, which makes it unique; ...

Georgia State and copyright ownership

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James Grimmelmann has a post highlighting what may be the biggest lesson from the case (I know, the fair use stuff is important too, but th...

Homeopathic products don't dilute plaintiffs' litigiousness

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Allen v. Hylands, Inc., 2012 WL 1656750 (C.D. Cal.) Plaintiffs sued Hylands for the usual California claims, including breach of warran...
Wednesday, May 16, 2012

Brand dilution as a design patent theory of harm

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Apple, Inc. v. Samsung Electronics Co., Ltd., --- F.3d ----, 2012 WL 1662048 (Fed. Cir.) Apple sued Samsung for infringing three design...

My keen fashion sense: L'Oreal class action certified

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Guido v. L'Oreal, USA, Inc., 2012 WL 1616912 (C.D. Cal.) Plaintiffs sued on behalf of putative classes of California and New York r...

This fruit snack is neither fruity nor snacky

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Lam v. General Mills, Inc., --- F. Supp. 2d ----, 2012 WL 1656731 (N.D. Cal.) Lam brought a putative class action against General Mills...

Sarah Tran on Worth a Thousand Words

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Sarah Tran has written a short piece on my article Worth a Thousand Words .
Tuesday, May 15, 2012

No publicity is bad publicity for Facebook plaintiff

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Greenspan v. Random House, Inc., --- F. Supp. 2d ----, 2012 WL 1630754 (D. Mass.) Aaron Greenspan, pro se, sued defendants, including C...

Out of joint: supplement case survives motion to dismiss

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Cardenas v. NBTY, Inc., 2012 WL 1593196 (E.D. Cal.) Cardenas brought a putative class action against NBTY and Rexall for selling Osteo-...
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