Rebecca Tushnet's 43(B)log

False advertising and more

Friday, November 18, 2016

Peter Jaszi lecture, Confessions of a recovering auteurist

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This was a lecture given in honor of Prof. Jaszi's retirement from teaching, before a festschrift for his work. New Librarian of Co...
Thursday, November 17, 2016

Unclear on the concept? publisher boilerplate + CC license

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I can read these sentences in a way that makes them consistent ... but not easily.
2 comments:

Reading list: Free Innovation by Eric von Hippel

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E von Hippel, 2017. Free Innovation . Cambridge MA: MIT Press Abstract:      In this book I integrate new theory and new research fin...

Tamicus: IP profs' amicus brief in Lee v. Tam with Christine Farley

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Hot off the presses.   Read it here.  Thanks to all who commented and signed on.
Wednesday, November 16, 2016

Mark McKenna reviews Registering Disagreement

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At Jotwell, here.  Thanks for the kind review!
Tuesday, November 15, 2016

Announcing my upcoming move to Harvard

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Beginning next academic year, I will be joining the faculty of Harvard Law as the inaugural Frank Stanton Professor of First Amendment Law....
Monday, November 14, 2016

Notre Dame Law Review Symposium, Panel Three

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Moderated by Shubham Mukherjee Graeme B. Dinwoodie, University of Oxford Law, “Territoriality in the Protection and Enforcement of Trad...

Notre Dame Law Review Symposium, Keynote Address – Honorable David W. McKeague, Sixth Circuit Court of Appeals

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Dissenter in Varsity Brands .  Case touches on boundary issues that are our subject. Perspective of a judge.  Apparel industry is huge; cou...

Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

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Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks...
Friday, November 11, 2016

Using others' product photos to advertise same product isn't fair use

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Minka Lighting, Inc. v. Bath Kitchen Decor, LLC, No. ED CV 13-02370, 2015 WL 12743863 (C.D. Cal. Feb. 13, 2015) Minka sells ceiling fan...
Thursday, November 10, 2016

Gov't brief in Lee v. Tam

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Available here.   They make the same "bumper sticker" argument that I think makes sense.

Yelp avoids liability for allegedly biased filter yet again

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Albert v. Yelp, Inc., 2016 WL 3910830, No. G051607, 44 Media L. Rep. 2357 (Cal. Ct. App. July 15, 2016) Albert, who operates a small la...
Wednesday, November 09, 2016

Consumer protection fellowship opportunity

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The ABA encourages 1Ls and 2Ls to apply for the Janet D. Steiger Fellowship Project. Students selected will serve eight or ten weeks during ...

Airbnb had a bad day too: court rejects 230, First Amendment challenges to SF rental ordinance

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Airbnb, Inc. v. City and County of San Francisco, 16-cv-03615 (N.D. Cal. Nov. 8, 2016) Airbnb and HomeAway sought to enjoin SF’s ordina...
Tuesday, November 08, 2016

Evidence of good faith not relevant for liability, but relevant for damages in false advertising cases

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A.L.S. Enterprises, Inc. v. Robinson Outdoor Products, LLC, No. 14-CV-500, 2016 WL 4260062 (W.D. Mich. May 9, 2016) ALS sued Robinson f...
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