Rebecca Tushnet's 43(B)log

False advertising and more

Monday, March 04, 2024

“it appears difficult for a defendant, innocent or not, to defend himself in a claim for disgorgement of profits"

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Newborn Bros. Co. v. Albion Engineering Co., No. 12-2999, 2024 WL 887785 (D.N.J. Feb. 29, 2024) Previously, after a bench trial, the court...
Monday, February 26, 2024

Falsely advertising "ghost guns" as legal in NY is actionable

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State of N.Y. v. Arm or Ally, LLC, 2024 WL 756474, No. 22-CV-6124 (JMF) (S.D.N.Y. Feb. 23, 2024) The AG sued sellers of “unfinished frames...

US News rating was mere opinion except as to school that intentionally submitted bad information to it

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Favell v. Univ. of Southern Cal., 2024 WL 751006, No. CV 23-3389-GW-MARx (C.D. Cal. Jan. 23, 2024) Plaintiffs alleged that defendants cons...
Saturday, February 24, 2024

TMSR Session 3: Private Actors…and their Machines

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Introduction: Jeanne Fromer Private actors pursue their own interests. Focused on Amazon: free riding on gov’t mechanisms, particularly TM...
Friday, February 23, 2024

TMSR Session 2: Administrative Agencies and Specialized Courts

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Introduction: Robert Burrell IP Australia exerts extraordinary control over legislative agenda; if you can persuade IP Au. that something ...

15th Trademark Scholars’ Roundtable: Session 1: Congress and the Courts (including the role of the Supreme Court)

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Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is c...
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