Rebecca Tushnet's 43(B)log

False advertising and more

Wednesday, February 22, 2023

Harvard Law Webinar on Teaching First-Generation Students in Law School, March 10, 12 pm EST

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Please join us for the next entry in Harvard's series on teaching law: Teaching First-Generation Students in Law School, Friday, March 1...
Monday, February 20, 2023

free speech protects allegations of patent infringement that aren't objectively baseless

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Lite-Netics, LLC v. Nu Tsai Capital LLC, 2023-1146, 2023 WL 2054370, --- F.4th ---- (Fed. Cir. Feb. 17, 2023) Reversing the district court...
Friday, February 17, 2023

What is a "rescue" dog? Jury will have to decide

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PetConnect Rescue, Inc. v. Salinas, 2023 WL 2026546, No. 20-CV-00527-RSH-DEB (S.D. Cal. Feb. 15, 2023) Defendants allegedly sold non-rescu...
Thursday, February 16, 2023

using an ITU to get non-Amazon platforms to take down competitors

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Jones v. Hollywood Unlocked, Inc., No.: 2:21-cv-07929-MEMF(PVCx), 2022 WL 18674459 (C.D. Cal. Nov. 22, 2022) This is a super messy case wi...

ambiguous front label cured by clear back label for fish oil

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Foster v. Whole Foods Market Group, Inc., No. 22-cv-01240 (ERK) (RML), 2023 WL 1766167 (E.D.N.Y. Feb. 3, 2023) Foster alleged that the fro...

"commercial advertising or promotion" requires more than a call and an email

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Navatar Group, Inc. v. DealCloud, Inc., 2023 WL 1797266, No. 21-cv-1255 (SHS) (S.D.N.Y. Feb. 7, 2023) Navatar sued for state and federal f...

anti-spam laws are not general false advertising laws

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Chen v. Sur La Table, Inc., --- F.Supp.3d ----, 2023 WL 1818137 (W.D. Wash. Feb. 8, 2023) Chen alleged that Sur La Table violated the Wash...
Monday, February 06, 2023

Competitors seem to have been right about Regal Assets

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 False advertising cases focusing on fake/undisclosed affiliate review sites accused Regal Assets of misconduct . As the Daily Beast repor...

fake sponsored reviews are false even if review content is opinion

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Federal Trade Comm’n v. Roomster Corp., --- F.Supp.3d ----, 2023 WL 1438718, No. 22 Civ. 7389 (CM) (S.D.N.Y. Feb. 1, 2023) The FTC, joined...
Saturday, February 04, 2023

WIPIP: In Memoriam and Fair Use

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A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use R...

WIPIP Concurrent Session #6 Copyright Theory

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Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwe...

WIPIP Concurrent Session #5 Copyright & Culture

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Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets. But socially valuable innovations ca...
Friday, February 03, 2023

WIPIP Concurrent Session #4: Digital Copyright

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 [I missed a super interesting AI talk then went to meet a student] Sean Pager & Eric Priest, The Cost of Music: Has Digitization Made...
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