Monthly Archives: June 2014

You have to laugh or you’ll cry: supplement regulation

John Oliver has yet another fantastic, and accurate, advertising law-related story, this time focusing on the deliberate unregulation of dietary supplements.

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More pondering on the relationship between sec. 2 and sec. 43

One question from last week’s TTAB REDSKINS decision concerns the effect on §43 if the §2 cancellation is upheld.  Mark McKenna has argued that, if we took history seriously, there should be no effect, because unfair competition historically covered lots … Continue reading

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Is DRM the source of Hachette’s troubles?

So argues Cory Doctorow.  He makes a point that also came up at the 1201 exemption hearings: the copyright owner does not clearly have the right to authorize a user to strip DRM from a work, where the copyright owner … Continue reading

Posted in copying, dmca, drm, | Leave a comment

Something fishy about this trademark claim?

GurglePot, Inc. v. New Shreve, Crump & Low LLC, 2014 WL 2744283, No. C13–6029 (W.D. Wash. June 17, 2014) I’m not really interested in the law in this personal jurisdiction case, finding that there’s no personal jurisdiction in plaintiff’s home … Continue reading

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Apply fair use to burned area

Via Five Useful Articles, this deposition excerpt from HathiTrust is nearly priceless–what takes it beyond the usual snark is the very last dig the HT lawyer gets in at the Authors Guild’s theory of the case. So, HT’s lawyer snarks … Continue reading

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"original" and "first" are mere puffery

Bern Unlimited, Inc. v. Burton Corp., No. 11-12278, 2014 WL 2649006 (D. Mass. June 12, 2014) Bern sued six of its competitors in the market for sports helmets, alleging trade dress infringement.  Answering Bern’s third amended complaint, defendants asserted false … Continue reading

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Washington’s football team registrations cancelled

If you didn’t get the link from five other places, here it is.  (It turns out that today was a bad day to wear shorts to the office; it’s not the best outfit for being interviewed by a suited TV … Continue reading

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