Monthly Archives: November 2014

Garcia v. Google briefs

Going up at the Ninth Circuit’s site.  The Organization for Transformative Works filed a brief arguing that the injunction wrongly circumvented the protections of CDA 230 and the DMCA, available here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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ABA Blawg 100

Once again, I’m delighted to have been nominated, and I’d appreciate your vote, though there are many great contenders, including my co-author Eric Goldman (under Tech for some reason). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Transformative work of the day: Barbie the Computer Engineer

Organization for Transformative Works volunteer Casey Fiesler explains in Slate. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reading list: Orly Lobel on employment law as IP law

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property.  Abstract: Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific methods, and technological advances – … Continue reading

Posted in antitrust, contracts, http://schemas.google.com/blogger/2008/kind#post, patent, reading list | Leave a comment

Lamborghini going to pot?

If “anything can signify anything,” is this equation of a pot with a Lamborghini nominative fair use?  (It’s just an object. It doesn’t mean what you think.) Anything can signify anything billboard, Washington DC Photo by Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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organic cosmetics class certified

Brown v. Hain Celestial Group, Inc., No. C 11-03082, 2014 WL 6306581 (N.D. Cal. Nov. 14, 2014) Hain has staved off class actions several times, but not here: the court certified a class of purchasers of Avalon Organics and Jason … Continue reading

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Koch and wine: punitive damages for wine fraud reduced but allowed

Koch v. Greenberg, 14 F. Supp. 3d 247 (S.D.N.Y. 2014) There’s probably a good magazine article or two in this story.  William Koch, the “litigious younger brother” of Charles and David, bought over 2600 bottles of rare French wine consigned … Continue reading

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NPR story on apple varieties and TM as substitute for patent

The story suggests that control over new varieties could last forever, instead of expiring as previous patents on new varities have, because the varieties are “trademarked.” Query: if the public knows the apple as SweeTango, why isn’t that word the … Continue reading

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bills, applications and manuals can be commercial speech

Heartland Payment Systems, Inc. v. Mercury Payment Systems, LLC, 2014 WL 5812294, No. C 14–0437 (N.D. Cal. Nov. 7, 2014) Heartland and Mercury compete to provide electronic payment processing to small and medium-sized merchants through point of sale (POS) systems, … Continue reading

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Prior class settlement precludes state from seeking restitution for false advertising

California v. IntelliGender, LLC, — F.3d —, No. 13–56806, 2014 WL 5786718 (9th Cir. Nov. 7, 2014) The 9th Circuit held that a CAFA-compliant settlement precluded the People of the State of California, acting through their representatives (here San Diego’s … Continue reading

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