Monthly Archives: January 2014

TM claims in DMCA notice may lead to 512(f) liability

CrossFit, Inc. v. Alvies, No. 13–3771, 2014 WL 251760 (N.D. Cal. Jan. 22, 2014) CrossFit sued Alvies for trademark infringement, among other things, and Alvies counterclaimed for false advertising/unfair competition.  CrossFit moved to dismiss the counterclaims and partially succeeded.  CrossFit … Continue reading

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Mastercard v. Nader updated

Seen in Arlington, VA, Jan. 2014: Photo by Zachary Schrag.

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Congressional hearing on the scope of fair use

Coming Tuesday to a streaming website near you.

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unfair competition in the news

The facts described in this article about Uber’s alleged attempt to crush competitor Gett by booking and then cancelling rides seem like a pretty good candidate for application of the general unfair competition tort.  Hypo of the day: what causes … Continue reading

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Organization for Transformative Works gets a Hugo nomination

For Best Related Work.  Awesome!  (I guess being Hugo-adjacent runs in the family.)

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FTC goes after advertiser and ad agency for false dramatization

Read all about it.  One great feature: the complaint includes the challenged ad!  The FTC at least wants us to see for ourselves.

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Reading list: Without Copyrights

Robert Spoo, Without Copyrights: Piracy, Publishing, and the Public Domain: An engaging, detailed account of trade courtesy in the US before the US recognized foreign copyrights (including the period when foreign authors could in theory get a US copyright but faced … Continue reading

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false omission claim fails for insufficiently alleged facts about crib bumper risks

Corral v. Carter’s Inc., 2014 WL 197782, No. 1:13–cv–0262 (E.D. Cal. Jan. 16, 2014) Plaintiff sued Carter’s for basically the usual California claims in connection with Carter’s crib bumpers—“a strip of thin padding that is intended to affix to the … Continue reading

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Innovation and inequality

Matt Yglesias in Slate suggests that, if only the top 1% has disposable income, innovation will be very different from innovation in a more egalitarian state, and the only way for a mass market product to succeed will be for … Continue reading

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Second Circuit allows one mandatory pregnancy center disclosure

Evergreen Ass’n, Inc. v. City of New York, — F.3d —-, 2014 WL 184993 (2d Cir. 2014) The City appealed from a preliminary injunction against Local Law 17, which required pregnancy services centers to make certain disclosures about their services. … Continue reading

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