Monthly Archives: June 2014

Is embedded advertising any good?

Negative take on “native advertising” from a purely advertiser-focused viewpoint. The author’s basic argument is that native advertising is essentially by definition unlikely to generate positive brand attention, because who the sponsor is will be forgettable. Query whether the “mere … Continue reading

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A little bit pregnant: miscounting pregnancy duration as false advertising

Church & Dwight Co. v. SPD Swiss Precision Diagnostics, GMBH, No. 14 Civ. 00585, 2014 WL 2526965 (S.D.N.Y. June 3, 2014) C&D sued SPD for false advertising over its pregnancy test advertising. The court denied SPD’s motion to dismiss. The … Continue reading

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Copyright Society: first sale

Digital First Sale Panelists: Karyn T. Claggett, U.S. Copyright Office History repeating: we studied digital first sale before studying digital first sale was cool.  PTO is now having a series of roundtables on these issues—next will be in Boston, June … Continue reading

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Copyright Society: recent developments (but not the most recent)

This panel had the misfortune to occur just as the Second Circuit released HathiTrust.  More on that to come, obviously. Recent Developments in Copyright Law Panelists: Robert W. Clarida, Reitler Kailas & Rosenblatt LLC Thomas Kjellberg, Cowan Liebowitz & Latman, … Continue reading

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Copyright Society: Representative Judy Chu

Keynote Speaker: Congresswomen Judy Chu (D-CA) (House Judiciary, IP Subcommittee) There can be bipartisan agreement; there’s no obvious Democratic/Republican point of view, and we could get something done.  Copyright is important in her district—Pasadena/LA.  Influenced by entertainment industry, not with … Continue reading

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Copyright Society: politics!

The 21st-Century Copyright Office    (I know, but really, this panel is almost all about forum shopping and maneuvering to make sure that the people who have always made copyright policy continue to do so.  It’s important.) Moderator: Jacqueline Charlesworth, U.S. … Continue reading

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Pet (food) sounds

I’m quoted in this St. Louis Post-Dispatch story about the Purina v. Blue Buffalo pet food dispute. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Is it in the public domain? Find out here

The Samuelson Clinic releases “Is it in the Public Domain?” handbook: a handy, if sadly complicated, manual and flowcharts. “The handbook walks readers though a series of questions—illustrated by accompanying charts—to help readers explore whether a copyrighted work from that … Continue reading

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Copyright Society: fan productions

Crowd-Sourced Editorial Content and Fan Productions [Note: this is accidentally on purpose the perfect encapsulation of the move to monetize fandom: Four dudes sitting on a panel and telling me the history of fan fiction.] Moderator: Jay Kogan, DC Entertainment … Continue reading

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Copyright Society: international developments

International Copyright Developments Moderator: Robert Brauneis, George Washington University Law School Covering not the world, but focusing on certain important areas. Also focused on new rights/limitations rather than issues of jurisdiction and procedure.  Tomorrow: event on Marrakesh Treaty at AU—come! … Continue reading

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