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.

Posted in 230, dmca, google, | Leave a comment

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).

Posted in Uncategorized | Leave a comment

Transformative work of the day: Barbie the Computer Engineer

Organization for Transformative Works volunteer Casey Fiesler explains in Slate.

Posted in fanworks, | Leave a comment

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,, 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.

Posted in trademark | Leave a comment

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

Posted in california, class actions, consumer protection, | Leave a comment

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

Posted in consumer protection, damages, | Leave a comment