Monday, May 24, 2021

Reading list: The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps

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  Mary Kate Fernandez,   The Kids Don’t Stand a Chance: Unfair and Deceptive Advertising in Children’s Apps,  66 Loy. L. Rev. 211 (2020) Int...
Tuesday, May 11, 2021

Misinformation, Disinformation, and Media Literacy in a Less-Centralized Social Media Universe

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Knight First Amendment Institute, Reimagine the Internet  Great panel today; more to come the rest of the week and they will shortly post th...
Tuesday, May 04, 2021

Today's IP artifact: Cuervo bottle with dripping red wax seal

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 This decision remains one of my least favorite, but perhaps I will nonetheless get a bottle of Maker's Mark to pose beside it.
Monday, May 03, 2021

Tootsie Pups

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 Acquired from a seller before the inevitable shutoff. The rare occasion where I see the harm story, since Tootsie Pops theoretically contai...

Does Gordon v. Drape really mean what it says about explicit misleadingness?

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Testing Gordon v. Drape with the paintings of Tom Sachs, some of which reproduce famous product labels in their entirety (or nearly so). The...
6 comments:

Reading list: race and GIs

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Reading list: Mathilde Cohen, The Whiteness of French Food : Law, Race, and Eating Culture in France (forthcoming in French Politics, Cul...
Friday, April 30, 2021

Amicus brief in rehearing petition for Warhol v. Goldsmith

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 With Christine Farley and Pam Samuelson : our brief addresses the effect of Google v. Oracle, which the Second Circuit has explicitly asked...
Wednesday, April 28, 2021

Nominative fair use (maybe) and Amazon

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 I've recently seen two examples of the following phenomenon: off of Amazon, an advertiser uses images of its product with another well-...
1 comment:
Thursday, April 22, 2021

DoorDash invites users to get their grub on

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Screenshot of mobile search results for "Grubhub." Note also "Great Grubs" in the DoorDash blurb. I don't think it...
Monday, April 19, 2021

2020-2021 Georgetown Law Technology Review Student Writing Competition

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 From the site: 2020-2021 TOPIC Students are invited to submit papers addressing a legal or public policy question relating to emerging and ...
Friday, April 16, 2021

The 4th Circuit makes trademark use more contextual

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Combe Inc. v. Dr. August Wolff Gmbh & Co. Kg Arzneimittel, No. 19-1674 (4 th Cir. Apr. 13, 2021) Not only is this case a good demonst...
Wednesday, April 14, 2021

ICANN working group report on TM rights protection mechanisms in all gTLDs now open for comment

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Link to report and comment mechanisms . The Working Group did not recommend expanding trademark claimants' preemptive/pre-registration n...

Michael Jordan's ROP claims against ads in the SI special issue on him

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 I just heard this discussed on a GALA (Global Advertising Lawyers Alliance, recommended for international updates) event, and fortuitously ...

Substantiation issues?

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 This poster in a local dry cleaner's, produced by a larger association, gave me pause: I believe that dry cleaning likely destroys most...
Monday, April 12, 2021

Recent reading: on brands and sumptuary codes

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Inspired by Kali Murray’s great comments at this past week’s Race and IP conference, some notes from recent reading: Virginia DeJohn Ander...