Monthly Archives: January 2014

Sony data breach case stripped down but not gone

Posted on January 31, 2014 by rtushnet

In re Sony Gaming Networks And Customer Data Security Breach Litigation, No. 11md2258, 2014 WL 223677 (S.D. Cal. Jan. 21, 2014) Venkat Balasubramani’s take.  These consolidated cases arose from a criminal intrusion into Sony’s online gaming system. Plaintiffs alleged that … Continue reading →

Posted in california, consumer protection, contracts, http://schemas.google.com/blogger/2008/kind#post, standing | Leave a comment

Digital Copyright book: discount offer from publisher

Posted on January 31, 2014 by rtushnet

Description from the publisher: NEW 4TH EDITION Digital Copyright Law and Practice By Simon Stokes   The first edition of this book in 2002 was the first UK text to examine digital copyright together with related areas such as performers’ rights, … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Harvard Law Review Symposium on Freedom of the Press

Posted on January 31, 2014 by rtushnet

Copied from Balkinization.Harvard Law Review Symposium 2014: Freedom of the PressA conference in celebration of the 50th anniversary ofNew York Times Co. v. Sullivan, 376 U.S. 254 (1964).February 15, 2014Harvard Law SchoolAustin North8:45 Breakfast9:20 Introduction:Mark TushnetHarvard Law School“Reflections on the … Continue reading →

Posted in first amendment, http://schemas.google.com/blogger/2008/kind#post, my writings | Leave a comment

News for storage jars: the real scandal in Virginia is the supplement

Posted on January 30, 2014 by rtushnet

So Slate says, citing the FDA’s warning that the supplement the McDonnells helped tout is being unlawfully marketed. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in fda, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

9th Circuit makes trademark fair use even more confusing

Posted on January 30, 2014 by rtushnet

Aaargh. A great case for Bill McGeveran’s claim that trademark defenses have grown so rococo that they can be detrimental to legitimate uses. Experience Hendrix L.L.C. v. Hendrixlicensing.com Ltd, Nos. 11-35858 (9th Cir. Jan. 29, 2014) Defendant Pitsicalis, who licensed … Continue reading →

Posted in trademark | Leave a comment

Strict liability for misleading advertising in Europe

Posted on January 29, 2014 by rtushnet

Interesting post from Lewis Silkin about the UK’s ASA versus the EU Court of Justice: the former allowed an advertiser to rely on a third party’s representations (I think that’s a bit of a simplification–the third party was the complainant … Continue reading →

Posted in advertising, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Nontransformative, commercial use of earnings call was fair

Posted on January 29, 2014 by rtushnet

Swatch Group Management Services Ltd. v. Bloomberg L.P., No. 12-2412 (2d Cir. Jan. 27, 2014) Swatch sued over Bloomberg’s 2011 posting of the recording of a conference call at which Swatch executives discussed the company’s recently released earnings report with … Continue reading →

Posted in copying, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

UK Court of Appeals rejects survey evidence in TM case, again

Posted on January 29, 2014 by rtushnet

Marks & Clerk report on this latest instance, noting the effect of deprecating surveys on limiting the costs of litigation, which is extremely important in a loser-pays system.  High court opinion in Zee v. Zeebox; IPKat discussion of appeal; I haven’t … Continue reading →

Posted in surveys, trademark | Leave a comment

House fair use hearing

Posted on January 29, 2014 by rtushnet

Hearing on Fair Use, House Judiciary Committee Subcommittee on Internet/IP Rep. Coble (subcommittee chair): Fair use is important.  North Carolina universities rely on copyright law and on fair use.  Fair use’s strength is its ambiguity/freedom for courts, but also its … Continue reading →

Posted in fanworks, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Fair use hearing testimony available

Posted on January 27, 2014 by rtushnet

House website here.  Written testimony from June Besek (fair use is too big, especially with respect to Google), Peter Jaszi (no, it’s not), David Lowery (music remixes and sampling etc. aren’t fair use; licensing is perfect),  Naomi Novik (transformative works are great and need protection; … Continue reading →

Posted in fanworks, http://schemas.google.com/blogger/2008/kind#post | Leave a comment