Monthly Archives: February 2014

Berkeley Tech. L.J. spring writing competition

Posted on February 4, 2014 by rtushnet

For JD candidates.  Details here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in cfps | Leave a comment

Dastar misunderstanding watch

Posted on February 4, 2014 by rtushnet

Fergon Architects LLC v. Oakley Home Builders, Inc., 2014 WL 340035, No. 13 C 6019 (N.D. Ill. Jan. 30, 2014) (magistrate judge) Fergon sued Oakley for copyright infringement for exceeding its license to use Fergon’s architectural works.  The contract allegedly … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, preemption, trademark | Leave a comment

Grand Theft Auto online delay not actionable

Posted on February 3, 2014 by rtushnet

McMahon v. Take–Two Interactive Software, Inc., No. EDCV 13–02032, 2014 WL 324008 (C.D. Cal. Jan. 29, 2014) Plaintiffs brought the usual California claims based on plaintiff’s advertisements for Grand Theft Auto Vvideogame as including an online multiplayer component, even though … Continue reading →

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

Insurer’s Lanham Act claim against broker proceeds through necessary implication theory

Posted on February 3, 2014 by rtushnet

New Jersey Physicians United Reciprocal Exchange v. Boynton & Boynton, Inc., No. 12–05610, 2014 WL 317179 (D.N.J. Jan. 28, 2014) Plaintiff NJ PURE sued defendants for false advertising under the Lanham Act, libel, slander, and violations of the NJ Insurance … Continue reading →

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

Matthew Rimmer on fair use

Posted on February 3, 2014 by rtushnet

Matthew Rimmer takes a closer look at fair use, with reference to Naomi Novik’s testimony at the recent congressional hearing.  One reaction I’ve seen to the hearing, which is something I noticed at the time, is that there weren’t any … Continue reading →

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