Rebecca Tushnet's 43(B)log

False advertising and more

Monday, February 21, 2022

advertising claim of capacities unavailable to consumers was plausibly deceptive

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Barclay v. Icon Health & Fitness, Inc., No. 19-cv-2970, 2022 WL 486999 (ECT/DTS) (D. Minn. Feb. 17, 2022) NordicTrack allegedly can’t ...
Saturday, February 19, 2022

WIPIP Session 8 (copyright)

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Jessica Silbey, Section 102(b) and the Fact Exclusion Genealogy in U.S. Copyright Law Why are we so sure facts are excluded from the statu...

WIPIP 2022, Session 7 (internet law/antitrust)

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Sari Mazzurco, The Law of Social Roles for the Platform Internet Law’s expressive function: how law tells people what social roles various...

WIPIP 2022, Session 6 (TM)

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Rebecca Tushnet Bad Spaniels, Deceptive Raptors, and Tiny Hands: The Persistence of Commercial Speech as a Category Jennifer Rothman has d...

WIPIP 2022, Session 5

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Matt Bodie Trademark, Employees & the Firm How does TM designate the entity entitled to hold and defend a mark, and what effects does ...
Friday, February 18, 2022

WIPIP 2022, Session 4 IP theory

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WIPIP 2022, Session 4 Michael Meurer IP Protection of Business Knowledge Since Bilski: First, business method patent protection is a lot...

WIPIP 2022, Session 3 (ROP/TM, (c) fair use)

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Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentatio...
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