Rebecca Tushnet's 43(B)log

False advertising and more

Tuesday, August 27, 2024

Plaid must face jury on PNC's TM/advertising claims, but has good laches/acquiescence argument

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PNC Financial Services Gp. v. Plaid Inc., 2024 WL 3687956, No. 2:20-cv-1977 (W.D. Pa. Aug. 7, 2024) PNC is “a large, diversified financial...
Monday, August 26, 2024

Punchbowl, punchback: district court finds confusion unlikely between invitation and political news sites

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Punchbowl, Inc. v. AJ Press LLC, 2:21-cv-03010-SVW-MAR (C.D. Cal. Aug. 22, 2024) Punchbowl home page Punchbowl News home page On remand from...

Trademark question of the day

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 Spotted around town: For reference, here's the Grand Theft Auto font:

State Little FTC Acts still have teeth, as Georgia's proves

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Federal Trade Commission v. Peyroux, --- F.Supp.3d ----, 2024 WL 1283344, No. 1:21-cv-3329-AT (N.D. Ga. Mar. 11, 2024) The FTC and the sta...

Grubhub's listing of unaffiliated restaurants on its platform could infringe TM

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Lynn Scott, LLC v. Grubhub Inc., 2024 WL 3673718, No. 20 C 6334 (N.D. Ill. Aug. 6, 2024) Restaurants brought a putative class action alleg...
Friday, August 09, 2024

IPSC Closing Plenary: Fair Use After Warhol

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Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Appropriating the “core” of a work i...

IPSC Breakout 5 Comparative Approaches

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Stefania Fusco (co-author Valerio Sterzi), Does the EU Need an EBay-Like Case? Evidence Against Granting Automatic Injunctions in Europe P...

IPSC Breakout 4 IP and Property/Contract Theory

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Shyam Balganesh, The Eunomics of Intellectual Property Lon Fuller’s institutional design theory: understand institutional design as a way ...

IPSC Breakout 3: Trademark and Unfair Competition

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Mary Catherine Amerine, Reasonably Careless Consumers in False Advertising and Trademark Consumers can devote much more (or less) time to ...
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