Monthly Archives: July 2016

ADR website was commercial speech for purposes of client’s false advertising lawsuit

JAMS, Inc. v. Superior Court of San Diego County, No. D069862, — Cal. Rptr. 3d —-, 2016 WL 4014068 (Cal. Ct. App. Jul. 27, 2016) Kevin Kinsella sued JAMS, an ADR provider, and the Honorable Sheila Prell Sonenshine (Retired), alleging … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Design Patent Damages event in DC, Aug. 2

Details/RSVP here. from Blogger http://ift.tt/2atR8k7

Posted in Uncategorized | Tagged , , , | Leave a comment

Design Patent Damages event in DC, Aug. 2

Details/RSVP here. from Blogger http://ift.tt/2atR8k7

Posted in Uncategorized | Tagged , , , | Leave a comment

Court of appeals says FU to state university’s TM claim

Florida International University Board of Trustees v. Florida National University, Inc., 2016 WL 4010164, — F.3d —-, No. 15-11509 (11th Cir. Jul. 26, 2016) FIU sued FNU for changing its name from Florida National College to Florida National University; the … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Incentivizing creativity through suffering?

Ana Swanson at the Washington Post reports on a study that appears to connect unhappiness with greater creativity.  If we care about incentivizing creative output, should we therefore deliberately torment artists? Borowiecki’s analysis suggests that negative emotions are not just … Continue reading

Posted in Uncategorized | Tagged | Leave a comment

Reading list: the First Amendment and the FDA

Christopher Robertson, A Trojan Horse? How Expansion of the First Amendment Threatens Much More than the Regulation of Off-Label Drugs, forthcoming, __ Ohio State Law Journal __ (2017) Abstract: Scholars, advocates, and courts have begun to recognize a First Amendment … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Failure to do anything to show damages leads to fee award in false advertising case

Gravelle v. Kaba Ilco Corp., No.13-CV-642, 2016 WL 3920208 (E.D.N.C. Jul. 15, 2016) Bringing false advertising claims isn’t risk free for the plaintiff. Not only may the defendant scrutinize the plaintiff’s own advertising for counterclaims, attorney’s fee awards against a … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment