Monthly Archives: September 2015

Notice and Notice Failure at BU part 2

Posted on September 25, 2015 by rtushnet

Annemarie Bridy – Three Notice Failures in Copyright Law   Challenge of making online copyright enforcement meaningful. Notice is intimately connected to justice: usually required (except with strict liability).  Failures to appreciate its necessity/failures to appreciate its sufficiency.   Uncertain: … Continue reading →

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Notice and notice failure at BU: panel 1

Posted on September 25, 2015 by rtushnet

Graeme Dinwoodie – Trademarks and Commercial Reality: registration systems/use systems; Industrial policy/consumer protection and registered/unregistered affect notice, but not sure how much compared to patent.  Costs of inadequate notice may not be as great.  Efforts to ensure adequate notice need … Continue reading →

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Notice and Notice Failure in Intellectual Property Law at BU, keynote

Posted on September 25, 2015 by rtushnet

Boston University School of Law   Welcome and introduction: Dean Maureen O’Roarke New clinic w/MIT—representing MIT students who need legal/IP help.  Searching for an exec. director now—encourages applications.   Stacey Dogan: Meurer & James Besson’s book on patents: pointed out … Continue reading →

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Just another lawsuit out of Boston

Posted on September 24, 2015 by rtushnet

Scholz v. Goudreau, 2015 WL 5554012, No. 13-cv-10951 (D. Mass. Sept. 21, 2015)   Scholz and Goudreau were both members of the band Boston.  Goudreau played guitar on the band’s first two albums, performing with it from 1976-1979 before leaving … Continue reading →

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omission from “comprehensive” database wasn’t actionable misrepresentation

Posted on September 24, 2015 by rtushnet

Alexso, Inc. v. First Databank, Inc., 2015 WL 5554005, No. CV 15-01893 (C.D. Cal. Sept. 21, 2015)   Alexso makes kits that pharmacies use to compound prescription drugs.  FDB publishes databases that provide information about drug products to the healthcare … Continue reading →

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xkcd on Happy Birthday

Posted on September 23, 2015 by rtushnet

As usual, xkcd has a great take. from Blogger http://ift.tt/1Jpu7DZ

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New paper on deceptive advertising from Seana Shiffrin

Posted on September 23, 2015 by rtushnet

Seana Shiffrin, Deceptive Advertising and Taking Responsibility for Others, Oxford Handbook of Food Ethics, ed. Tyler Doggett, Anne Barnhill and Mark Budolfson, Forthcoming: This paper considers how the law of deceptive advertising embeds within it an extended form of responsibility, … Continue reading →

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Google can’t avoid class action just because damages are variable

Posted on September 22, 2015 by rtushnet

Pulaski & Middleman, LLC v. Google, Inc., No. 12-16752 (9th Cir.  Sept. 21, 2015)   From 2004-08, many advertisers used Google’s AdWords to bid for Google to put their ads on websites. Pulaski sued under the California UCL and FAL, … Continue reading →

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A pox on both their steel buildings: unusual copyright and false advertising rulings

Posted on September 21, 2015 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, — F. Supp. 3d –, No. 13-cv-00769, 2015 WL 5353080 (D. Colo. Sept. 15, 2015)   A bizarre copyright fair use ruling mars this iteration of this long-running, bitter dispute between the parties, … Continue reading →

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AU Fair Use event: Best Practices in Fair Use/the Future

Posted on September 17, 2015 by rtushnet

Jaszi: DMCA left us somewhat bruised; the next time we set out to do something useful, we asked what could be done without requiring congressional authority?  Go back to 1991, when film scholar Kristin Thompson was prominent in the Society … Continue reading →

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