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Monthly Archives: November 2014
Time to make the DMCA exemptions
Requests will be collected here as the day continues. The EFF and the OTW jointly requested a remix exemption for DVD, Blu-Ray, and streaming video. http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Posted in Uncategorized
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Why do competitors get to challenge claims that consumers don’t?
I have a political economy explanation for this, but I don’t think that’s good enough. Challenging a “tests prove” claim—explicit or implicit—in Lanham Act cases means showing that the tests don’t prove the proposition for which they are cited. This … Continue reading
Might of publicity?
Using Michelle Obama’s arms to sell training services: Want Michelle Obama’s Arms? Or Better?! training flyer H/T and photo by Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss
Posted in right of publicity
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"we can do anything" ToS might be unconscionable, providing remedy for loss of music
MacKinnon v. IMVU, Inc., No. H039236 (Cal. Ct. App. Oct. 30, 2014) MacKinnon sued IMVU, which runs an entertainment service, the “instant messaging virtual universe,” alleging that IMVU deceived users about music purchases and wrongfully restricted users’ ability to play … Continue reading
Insufficient deviation from FDA label and lack of materiality doom false ad claims
Apotex Inc. v. Acorda Therapeutics, Inc., 2014 WL 5462547, No. 11 Civ. 8803 (S.D.N.Y. Oct. 23, 2014) Zanaflex tablets and capsules (active ingredient tizanidine) are approved by the FDA to treat spasticity. Somnolence is one of the most common side … Continue reading