Monthly Archives: October 2013

This NYT story on mugshot removal has it all

Mugged by a Mugshot: Right of publicity claims, extortion claims, state-level attempts to deal with for-profit databases whose claims to promote the public interest are made somewhat less plausible by their willingness to pull down the pictures of those who … Continue reading

Posted in first amendment, right of publicity | Leave a comment

You know a survey’s been done badly

… when it produces a negative net confusion rate. Water Pik, Inc. v. Med-Systems, Inc. No. 12-1065 (10thCir. Aug. 29, 2013) Highlights: when SinuCleanse, SinuSense, and NeilMed neti pot packages were shown to survey respondents, 29 of the 198 total … Continue reading

Posted in surveys, trademark | Leave a comment

The political economy of zombies

This essay on the new zombie genre has a great analysis of the IP of the zombie apocalypse in Colson Whitehead’s Zone One In Whitehead’s imagination, the forces that be – the remnants of the U.S. government still holding on … Continue reading

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New treatise on fashion law

Lois Herzeca and my former Debevoise colleague (now at Gibson Dunn) Howard Hogan have just released Fashion Law and Business: Brands & Retailers.  My blurb calls it an “accessible overview of key issues facing any fashion business, with case studies, … Continue reading

Posted in advertising, design patent,, reading list, trademark | Leave a comment

Organization for Transformative Works: fundraising drive

The Organization for Transformative Works is having a fundraising drive!  Donations support our work protecting and preserving fannish cultures, including our work on the DMCA remix exemptions, our open access journal, one of Time’s top ten websites of the year, … Continue reading

Posted in dmca, fan fiction, fanworks, | Leave a comment

Newton law: puree is real fruit

Manchouck v. Mondelēz International Inc., No. C 13–02148, 2013 WL 5400285 (N.D. Cal. Sept. 26, 2013) This one’s short: Manchouck argued that Nabisco’s strawberry and raspberry Newton cookies were not “made with real fruit,” as labeled, but merely with “mechanically … Continue reading

Posted in california, consumer protection, | Leave a comment