Rebecca Tushnet's 43(B)log

False advertising and more

Wednesday, August 07, 2013

Comparative ad creates personal jurisdiction in target's home state

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SKEDCO, Inc. v. ARC Prods., LLC, 2013 WL 3965314 (D. Or. July 30, 2013) SKEDCO, an Oregon corporation, sued its competitor ARC (dba M...
Tuesday, August 06, 2013

image of P's product on D's site was insufficient evidence of passing off

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Milos Misha Subotincic v. 1274274 Ontario Inc., 2013 WL 3964994 (C.D. Cal. April 9, 2013) Plaintiffs, along with their patent infring...

Kindle Worlds, destroyer of lifeworlds?

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I’m mentioned in this interesting article on Kindle Worlds .

Keller v. EA: visual elements mean game isn't protected by First Amendment

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In re NCAA Student-Athlete Name & Likeness Licensing Litigation (Keller v. Electronic Arts Inc.), No. 10-15387 (9th Cir. July 31, 2013...
Monday, August 05, 2013

Multiproduct California class certified in natural/artificial case

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Astiana v. Kashi Co., 2013 WL 3943265 (S.D. Cal. July 30, 2013) The court certified two classes of people who bought Kashi food produ...

The First Amendment in play: Brown v. EA

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Brown v. Electronic Arts, Inc., No. 09-56675 (9th Cir. July 31, 2013) Jim Brown, a well-known football player, alleged that EA violat...
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Friday, August 02, 2013

Reading list: consumer protection

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I haven't gotten to these yet, but today's list, via SmartCILP, is a hopeful indicator of a surge in academic attention to consumer ...

copying articles for patent prosecution is fair use

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American Institute of Physics v. Schwegman Lundberg & Woessner, P.A., No. 12-528 (D. Minn. July 30, 2013) (magistrate report and recom...

Australian parliament: Australians should circumvent geolocks

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Ars Technica has the story.   When copyright is used for purposes that seem to be about extracting higher-than-monopoly profits, people appa...
Thursday, August 01, 2013

reliance on general employment statistics unreasonable as a matter of law

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Macdonald v. Thomas M. Cooley Law School, Nos. 12-2066/2130 (6 th Cir. July 30, 2013) The court of appeals affirmed the district cou...

I sense a disturbance in the Force

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Would you want this firm doing your ads? Depends on your risk tolerance, I suppose!  Via Zachary Schrag, who also proposed the caption ...

Claim against Hotwire for underestimating rental costs moves forward

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Shahar v. Hotwire, Inc., 2013 WL 3877785 (N.D. Cal. July 25, 2013) Shahar brought the usual California claims, plus breach of contract...
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