Monthly Archives: February 2014

Trademark Scholars Roundtable, part 2

Session 2: The Product Market Dimension Robert Burrell: why do we treat territorial and product markets so differently? In the UK there was never any Q that nationwide protection was going to be the result of registration.  Always understood to … Continue reading

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Trademark Scholars Roundtable

Sixth Trademark Scholars Roundtable: The Territorial and Product Market Dimensions of Trademark Law, UT Austin Session 1: The Territorial/Geographic Market Dimension Graeme Dinwoodie: territoriality is becoming more important in reconciling local and global markets. Lionel Bently: Geographic localism used to … Continue reading

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Trump U: puffery defense rejected and class certification granted in 2 cases

Cohen v. Trump, 2014 WL 690513, No. 13–cv–2519 (S.D. Cal. Feb. 21, 2014) Cohen brought a putative class action against Donald Trump based on Trump’s involvement with “Trump University.”  Allegedly drawn in by Defendant’s name and reputation, Cohen attended a … Continue reading

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FTC wins big against diabetes treatment claims

Federal Trade Commission v. Wellness Support Network, Inc., 2014 WL 644749, No. 10–cv–04879 (N.D. Cal. Feb. 19, 2014) (magistrate judge) The FTC sued Wellness and its principals Robert Held and Robyn Held for false advertising and deceptive practices in the … Continue reading

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How Many Wrongs Make a Copyright?

This has tangential relevance to the Innocence of Muslims case (of which more soon).  I’ve written more directly about that case at the district court level, but this forthcoming publication deals with the idea of providing more protection to victims of … Continue reading

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Deciding substantial similarity on a motion to dismiss

Klauber Bros., Inc. v. Bon-Ton Stores, Inc., 2014 WL 657953, No. 13–1672 (2d Cir. Feb. 21, 2014) Klauber appealed from the dismissal of its copyright claim against Bon-Ton.  It argued that the district court erred in finding no substantial similarity … Continue reading

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Horror retellings of children’s classics

Transformative works of the day: horrific retellings of children’s classics.  Are You My Mother? (a chilling story of self-delusion and parental feeling gone wrong);  If You Give a Mouse a Cookie (“He’s going to ask for a glass of milk/and … Continue reading

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Credit score service is credit repair service because of its ads

Stout v. FreeScore, LLC, No. 10-56887 (9th Cir. Feb. 21, 2014) The court of appeals reversed the dismissal of Stout’s putative class action against FreeScore under the Credit Repair Organizations Act (CROA). The district court concluded that FreeScore is not … Continue reading

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Lay mis/understandings of copyright

What do people think about copyright? Over at Jotwell, Andres Guadamuz reviews Lee Edwards et al, Isn’t it just a way to protect Walt Disney’s rights?: Media user perspectives on copyright, 16 New Media & Soc’y (2013) (paywall). The article … Continue reading

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Dividing the spoils: soured Afghan deal brings TM, CFAA claims

Global Fleet Sales, LLC v. Delunas, 2014 WL 634075, No. 12–15471 (E.D. Mich., Feb. 18, 2014) “This dispute arises out of the pursuit of business opportunities in the Islamic Republic of Afghanistan in the wake of the NATO campaign against … Continue reading

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