Monthly Archives: October 2013

Reading list: empirical study of fertility clinic advertising

Jim Hawkins, Selling ART: An Empirical Assessment of Advertising on Fertility Clinics’ Websites, 88 Indiana Law Journal 1147 (2013) (SSRN version): Nice study on what claims clinics actually make versus what claims scholars have worried about—answer, some overlap but not … Continue reading


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AAI amicus in Lexmark

The American Antitrust Institute’s amicus brief in favor of respondent in Lexmark is out.

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belated defense of law reviews

Sadly, this post has been delayed while I got an overdue article off my plate!  The NYT’s Adam Liptak writes about law reviews, with this unhelpful comparison: “The judge, lawyer or ordinary reader looking for accessible and timely accounts or … Continue reading

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INTA’s brief in Lexmark

Stop the presses: INTA and I are in agreement!

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When is a sale not a sale?

When employees are directed to pretend it isn’t unless you’re a preferred customer, Mark Ellwood writes in Slate.  I’m guessing that if a small sign stating “sale” is a legal requirement, the NY AG wouldn’t be happy with the deceptive … Continue reading

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law barring "surcharge for credit" signs unconstitutional

Expressions Hair Design v. Schneiderman, 13 Civ. 3775, 2013 WL 5477607 (S.D.N.Y. Oct. 3, 2013) Under NY GBL § 518, a vendor who wants to impose a surcharge for using a credit card to compensate for the credit card companies’ … Continue reading

Posted in advertising, antitrust, commercial speech, disclosures, first amendment | Leave a comment

photos can be false by necessary implication

Veve v. Corporan, No. 12–1073 (GAG), 2013 WL 5603263 (D.P.R.| Oct. 11, 2013) Plaintiffs Veve and his business Batey Zipline Adventure sued defendants, Corporan and Atabey Eco Tours, for trademark infringement, trade dress infringement, false advertisement, and product disparagement.  They … Continue reading

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Transformative work of the day

Ann Friedman’s response to Emily Yoffe.

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Static Control’s brief in Lexmark

Available here.

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Lanham Act and ACPA damages not dischargeable in bankruptcy

In re Butler (Skydive Arizona, Inc. v. Butler), Bkcy. No. 11–40930, No. 11–4037, 2013 WL 5591922 (N.D. Ca. Sept. 9, 2013) Here, the debtor was unable to discharge his liability for violation of ACPA, trademark infringement, and false advertising, because … Continue reading

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