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Monthly Archives: November 2014
lack of substantiation versus falsity
In re Bayer Phillips Colon Health Probiotic Sales Practices Litig., No. 11–3017, 2014 WL 5776153 (D.N.J. Nov. 6, 2014) This is another case where Bayer argued that the plaintiff’s claims were merely based on “lack of substantiation” for Bayer’s scientific … Continue reading
Guest post: Peter DiCola’s notes from Notre Dame roundtable on The Eureka Myth
Jessica Silbey’s _The Eureka Myth_ Book Roundtable at Notre Dame November 7th, 2014 Notes from Peter DiCola *Panel #1* 1) David Schwartz — Praise for the book — Will raise a few methodological issues — Issue of representativeness of the … Continue reading
The Eureka Myth: Reputation
Fourth Session: Reputation and Policy Take-Aways Abraham Drassinower: what does thinking about misalignment tell us how to think about IP? Move from debunking eureka myth to debunking the myth of progress. Misalignment of IP with its own justifications, needs of … Continue reading
Eureka Myth roundtable: Communities and Creativity
Third Session: Communities and Creativity Rebecca Tushnet: Silbey’s choice of subjects are those who are the targets of IP law: inventors, artists, various types of intermediary facilitators like lawyers. They are very important. (Unsurprisingly, they are not utility monsters, such … Continue reading
Roundtable on Jessica Silbey’s The Eureka Myth
Roundtable on Jessica Silbey’s The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property University of Notre Dame Law School [I was very sorry that I arrived late due to a missed connection the previous night] Second Session: Distribution Models and … Continue reading
stricter California rule on Made in USA claims not preempted
Paz v. AG Adriano Goldschmeid, Inc., No. 14cv1372, 2014 WL 5561024 (S.D. Cal. Oct. 27, 2014) Paz sued AG, alleging that its “The Protégé” brand jeans were misleadingly marked with a “Made in the U.S.A.” label; he allegedly relied on … Continue reading
Deadmau5 vs. Disney
I talk to American Public Media’s Stan Alcorn. http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Posted in trademark
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Photoshopping competitor’s product as one’s own could be false advertising
Meggitt (Orange County), Inc. v. Nie, 2014 WL 5528546, No. SACV 13–0239 (C.D. Cal. Nov. 3, 2014) Note: the caption lists the defendant as Nie Yongzhong, and I’m following the rule that Chinese family names go first since he appears … Continue reading
unauthorized photo use doesn’t create false advertising claim for photo owners
Avalos v. IAC/Interactive Corp., No. 13-CV-8351 (S.D.N.Y. Oct. 30, 2014) Meltech, a web design and modeling company, sued defendants for allegedly unauthorized use of photos of models in fake online dating profiles on dating sites (e.g., Match.com, Chemistry.com, and OkCupid.com). … Continue reading
Reading list: irrationally sticky defaults
Robert Letzler, Ryan Sandler, Ania Jaroszewicz, Isaac Knowles, and Luke M. Olson, Knowing When to Quit: Default Choices, Demographics and Fraud, Oct. 8, 2014 Abstract: A long literature in psychology and economics has shown that default options influence consumer choices, … Continue reading
Posted in consumer protection, disclosures, ftc, reading list
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