Monthly Archives: November 2016

New edition, Goldman & Tushnet, Advertising and Marketing Law

Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy.  Eric did the heavy lifting on getting this out, and I really appreciate it.  I also am personally satisfied … Continue reading

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New edition, Goldman & Tushnet, Advertising and Marketing Law

Eric Goldman has posted all about it, including an overview and links for where you can get your own fresh copy.  Eric did the heavy lifting on getting this out, and I really appreciate it.  I also am personally satisfied … Continue reading

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Reading List: Legal Amateurism

Legal Amateurism, Annelise Riles  Abstract:  Academics in the humanities and social sciences have often remarked upon the “amateuristic” quality of the analytical tools used by legal scholars. Rather than dismiss this quality out of hand, this paper approaches “legal amateurism” … Continue reading

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ABA Blawg 100/Hall of Fame

I’ve made the ABA Blawg Hall of Fame, as well as the Blawg 100, which is very nice.  I believe it’s in part a reward for persistence, as I’ve been at this since 2003 (though I only got serious in … Continue reading

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TM question of the day, high heel edition

We know that Louboutin’s red sole mark is only valid as applied to shoes with contrasting uppers.  So, do these shoes infringe?  (In case it’s hard to tell, I’d describe the sole color as a fairly bright pink.)  Do they … Continue reading

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Breakfast break: energy claims not misleading by US standards

Spector v. Mondelēz International, Inc., 178 F.Supp.3d 657 (N.D. Ill. 2016) Mondelēz makes belVita Breakfast Biscuits and Breakfast Bites. Spector allegedly bought packages of Breakfast Biscuits in reliance on the package representations of “NUTRITIOUS STEADY ENERGY ALL MORNING”:  ​ The … Continue reading

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Fourth Circuit rejects attempt to control references to expert services with IP

File under “we need a federal anti-SLAPP law.” Devil’s Advocate, LLC v. Zurich Am. Ins. Co., No. 15-1048, 2016 WL 6871905, — Fed.Appx. —- (4th Cir. Nov. 22, 2016) John W. Toothman is a lawyer and the founder of Devil’s … Continue reading

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