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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
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Monthly Archives: September 2015
Notice and Notice Failure at BU part 2
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
Notice and notice failure at BU: panel 1
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
Notice and Notice Failure in Intellectual Property Law at BU, keynote
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
Just another lawsuit out of Boston
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
omission from “comprehensive” database wasn’t actionable misrepresentation
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
xkcd on Happy Birthday
As usual, xkcd has a great take. from Blogger http://ift.tt/1Jpu7DZ
New paper on deceptive advertising from Seana Shiffrin
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
Google can’t avoid class action just because damages are variable
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
A pox on both their steel buildings: unusual copyright and false advertising rulings
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
AU Fair Use event: Best Practices in Fair Use/the Future
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
Rebecca Tushnet 