Monday, February 03, 2020

Second Circuit summarily affirms fair use in "Jimmy Smith Rap" case

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Estate of Smith v. Graham, No. 19-28 (2d Cir. Feb. 3, 2020) The court of appeals affirmed the grant of summary judgment on a fair use ...
Thursday, January 30, 2020

Meat industry compares meat substitutes to dog food

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I'd be interested in the legal opinion clearing this full-page NYT ad: with a case out there saying that people expect dog food to be le...
1 comment:
Monday, January 27, 2020

One may quote and quote and be a false advertiser: accurate quotation isn't enough if the use is misleading

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CareDx, Inc. v. Natera, Inc., 2020 WL 401773, No. 19-662-CFC-CJB (D. Del. Jan. 24, 2020) Previous opinion by magistrate ; the district...
Friday, January 24, 2020

Judge Alsup seems to think cosmetic mask claims are false

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Miller v. Peter Thomas Roth, LLC, 2020 WL 363045, No. C 19-00698 WHA (N.D. Cal. Jan. 22, 2020) OK, he doesn’t say so outright, but w...
Monday, January 20, 2020

Call for Papers: Yale/Stanford/Harvard Junior Faculty Forum

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2020 Junior Faculty Forum Hosted by Stanford, Harvard, and Yale Law Schools Request for Submissions Stanford, Yale, and Harvar...
Wednesday, January 15, 2020

post-complaint changes prevent finding of irreparable harm

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Pegasystems, Inc. v. Appian Corp., 2020 WL 137301, No. 19-11461-PBS (D. Mass. Jan. 13, 2020) Following on its denial of a motion to dismi...
Tuesday, January 14, 2020

labeling grandfathered drug in standard format doesn't misrepresent it as FDA-approved

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Belcher Pharms., LLC v. Hospira, Inc., -- F. Supp. 3d --, No. 8:17-cv-2353-T-30AAS, 2020 WL 102744 (M.D. Fla. Jan. 7, 2020) “Epinephri...

Reading list: Pam Samuelson on legal writing

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Pamela Samuelson, Good Legal Writing: of Orwell and WindowPanes  From the archives: Excellent short piece on legal writing, for studen...

confusion is not irreparable harm in false advertising case

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AMETEK CTS US, Inc. v. Advanced Test Equipment Corp., No.19-cv-02348-H-AHG, 2020 WL 133888 (S.D. Cal. Jan. 13, 2020) The parties opera...

Amicus brief in Booking.com

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Joined by a number of able trademark scholars, I filed this amicus brief in Booking.com in support of neither party, arguing that (1) generi...
Monday, January 13, 2020

Amicus brief in Google v. Oracle

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Like everyone else, I filed an amicus , this one on behalf of copyright scholars, focused on fair use. Other currently submitted briefs are ...
Thursday, January 09, 2020

Reading list: disclosures as compelled commercial speech

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Reading list: Aaron Stenz, Note: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA , 104 Minn. L. Rev. 553 (2019). ...
Monday, January 06, 2020

Malwarebytes: same result, new puzzles on remand for 230 immunity

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Enigma Software Group USA, LLC v. Malwarebytes, Inc., --- F.3d ----, 2019 WL 7373959, No. 17-17351 (9th Cir. Dec. 31, 2019) New opinio...

another timeshare exit company can be sued under state law, but not Lanham Act

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Orange Lake Country Club, Inc. v. Reed Hein & Assoc., LLC, 2019 WL 7423517, No: 6:17-cv-1542-Orl-78DCI (M.D. Fla. Oct. 4, 2019) An...
Thursday, January 02, 2020

"most experienced" is puffery, but misrepresenting degree of responsibility for projects could be false

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Cypress Advisors, Inc. v. Davis, 2019 WL 7290948, No. 17-cv-01219-MSK-KLM (D. Colo. Aug. 28, 2019) Cypress provides financial advice t...