Monday, November 27, 2023

Earnings calls, recall notices not "commercial advertising or promotion," but could be "of and concerning" largest market player

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In re SoClean, Inc., Marketing, Sales Practices & Products Liab. Litig., 2023 WL 8006602, MDL No. 3021, No. 22-542 (W.D. Pa. Nov. 17, 20...

too much complaining about copying triggers Dastar/preemption for other claims

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Design Gaps, Inc. v. Hall, 2023 WL 8103156, No. 3:23-cv-186-MOC (W.D.N.C. Nov. 21, 2023) Design Gaps produces custom cabinetry for high-en...

who has standing to challenge robot lawyers?

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MillerKing, LLC v. DoNotPay, Inc., --- F.Supp.3d ----, No. 3:23-CV-863-NJR, 2023 WL 8108547 (S.D. Ill. Nov. 17, 2023) “This case pits real...
Friday, November 17, 2023

Holly Herndon and AI in the New Yorker

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 Article here. I'm quoted.
Wednesday, November 15, 2023

I was on Hard Fork to talk copyright and AI

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 Here's an RSS feed and a Spotify link.

Nominative fair use: when a logo is not too much

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It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are s...
3 comments:
Monday, November 13, 2023

when can pharma experts testify about compliance with the FDCA? (also some survey stuff)

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ImprimisRX, LLC v. OSRX, Inc., 2023 WL 7390842, No. 21-cv-01305-BAS-DDL (S.D. Cal. Nov. 8, 2023) Imprimis sued defendants, competitors in ...

alleged Haitian corruption doesn't make collection of "foreign taxes" misleading or material

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Celestin v. Martelly, --- F.Supp.3d ----, 2023 WL 6385 (E.D.N.Y. 2023) Plaintiffs alleged Martelly, the then-President-elect of Haiti, dev...
Thursday, November 09, 2023

(c) infringement and false advertising claims against addiction treatment competitor survive, in part

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New Directions Program v. Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 2:22-cv-01090-DAD-JDP (E.D. Cal. Nov. 1, 2023) Pl...
Wednesday, November 08, 2023

Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

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PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of...
Monday, November 06, 2023

Timeshare developer wins disgorgement against timeshare exit marketers despite unclean hands

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Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2023 WL 7109914, No. 20-24681-Civ-Scola (S.D. Fla. Oct. 27, 2023) Intro: ...

Second Circuit finds false advertising claim against "reef safe" plausible

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Richardson v. Edgewell Personal Care, LLC, 2023 WL 713094, No. 23-128 (2d Cir. Oct. 30, 2023) Richardson brought NYGBL claims against Edge...
Friday, November 03, 2023

What's next after Elster?

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UNH symposium: Section Two Small Panel III - What’s Next? Moderated by Peter Karol, UNH Franklin Pierce School of Law RT: Organized my rem...
Friday, October 27, 2023

New comment on a paper about YouTube and music

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 Here. Abstract This useful article about the effects of music on YouTube on consumption of the same music elsewhere should be understood fo...
Thursday, October 26, 2023

CFPB hiring

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 Of possible interest; excerpts: The Consumer Financial Protection Bureau is recruiting attorneys and non-attorneys at all experience levels...