-
Recent Posts
- erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce
- I can’t believe it’s not butter—because the label said it was all butter
- Another pandemic university fees claim fails
- Dastar bars some claims about “patented” statements but related superiority statements are still at issue
- policy of paying only 85% purchase price for claims under service policy isn’t inherently deceptive/abusive
Recent Comments
Archives
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- June 2013
Categories
- 230
- acpa
- advertising
- antitrust
- art law
- attribution
- blogging
- california
- cfaa
- cfps
- class actions
- cmi
- comics
- commercial speech
- conferences
- consumer protection
- contracts
- copying
- copyright
- counterfeiting
- cultural property
- damages
- dastar
- defamation
- design patent
- dilution
- disclosures
- disparagement
- dmca
- drm
- fan fiction
- fanworks
- fda
- fees
- first amendment
- ftc
- geographic indications
- http://schemas.google.com/blogger/2008/kind#post
- insurance
- jurisdiction
- libraries
- misappropriation
- music
- my lawsuits
- my writings
- parody
- patent
- patents
- preemption
- presentations
- privacy
- procedure
- reading list
- remedies
- right of publicity
- secondary liability
- securities
- standing
- surveys
- teaching
- tortious interference
- trade secrets
- trademark
- traditional knowledge
- Uncategorized
- unconscionability
- unfairness
- warranties
Meta
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
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
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. http://tushnet.blogspot.com/feeds/posts/default?alt=rss
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
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
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
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
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
Posted in patent, trademark
Leave a comment
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
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