Monthly Archives: October 2015

FDLI symposium: special topics

Posted on October 30, 2015 by rtushnet

Special Topics FDA Regulation of Genomic Testing and the First Amendment Barbara Evans, Professor, University of Houston Law Center   Of companies in clinical sequencing industry: 10 of 68 do sequencing only; 21 of 68 annotation and interpretation only. That … Continue reading →

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FDLI symposium: John Coates keynote on deconstitutionalizing corporate speech

Posted on October 30, 2015 by rtushnet

John Coates, John F. Cogan, Jr. Professor of Law and Economics, Research Director, Center on the Legal Profession, Harvard Law School: Re-de-constitutionalizing Corporate & Commercial Speech   What I see as a mess in my space is even more of … Continue reading →

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FDLI symposium part 2: First Amendment/Commercial Speech

Posted on October 30, 2015 by rtushnet

Session 2: Constraints on Commercial Speech and the First Amendment   Moderator: Richard Cleland, Assistant Director, Federal Trade Commission, Bureau of Consumer Protection   Tracing the FTC’s Line Between Advertising and Free Speech Katie Bond, Senior Associate, Kelley Drye   … Continue reading →

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FDLI symposium on constitutional challenges to FDA

Posted on October 30, 2015 by rtushnet

FDLI Symposium: Constitutional Challenges to FDA Law & Regulation   Session 1:  Compelled Speech Moderator: Allison Zieve, Director, Public Citizen Litigation Group, Vice-Chair, FDLI   First Amendment Limits on Compulsory Labeling Nigel Barrella, Sole Practitioner, Washington DC   Review of … Continue reading →

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Transformative work of the day, Pom Wonderful/Halloween edition

Posted on October 30, 2015 by rtushnet

Crafty blogger Cat has created an excellent Halloween costume (more pictures at link): Her purse is a repurposed Pom Wonderful bottle.  Are there possible confusion claims? from Blogger http://ift.tt/1M1758R

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Today’s unauthorized uses

Posted on October 29, 2015 by rtushnet

From pictures I have taken around town. Just Hike It T-shirt May the Forest Be With You Shenandoah National Park T-shirt Am I the only one who sees the Amazon smile in this ad? “Walkens welcome” sign to attract walk-in … Continue reading →

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Les 1201 exemptions nouvelles sont arrivees: remixers get Blu-Ray

Posted on October 27, 2015 by rtushnet

Rulemaking here.  As Jon Band says, people who got organized got much of what they asked for, albeit hemmed in by pointless restrictions, but people who weren’t aggressively represented by groups willing to spend countless hours on this process didn’t. … Continue reading →

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Annotating competitor’s ad is fair use

Posted on October 26, 2015 by rtushnet

Miller UK Ltd. v. Caterpillar Inc., No. 10-cv-03770 (N.D. Ill. Oct. 21, 2015)   Miller sued Caterpillar for breach of a contractual restriction on the use of Miller’s confidential information, for trade secret misappropriation, and for fraudulent inducement. Caterpillar counterclaimed … Continue reading →

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Registration symposium at William & Mary, part 2

Posted on October 23, 2015 by rtushnet

Rebecca Tushnet: And now for something different!  I’ve been asked to speak about the implications of the Pro-Football case and decisions made by the courts with regards to the trademark process and freedom of speech.  Thanks to Fred Schauer and … Continue reading →

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Registration symposium at William & Mary, part 1

Posted on October 23, 2015 by rtushnet

William & Mary Student Intellectual Property Society Symposium A Right  to Register: A discussion of First Amendment Implications of the Trademark Registration Process   Overview: Dean Laura Heymann, W&M Law: TMs reduce consumer search costs.  TMs don’t exist in the … Continue reading →

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