Monthly Archives: November 2016

Court tentatively holds that NY’s GBL covers damage via personal injury

Carias v. Monsanto Co., 2016 WL 6803780, No. 15-CV-3677 (E.D.N.Y. Sept. 30, 2016) The plaintiffs filed a putative class action claiming injuries based on their use of Monsanto’s herbicide Roundup. Along with products liability claims, they brought claims under New … Continue reading

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Pro tip: don’t refer to delayed TM claim as “lottery ticket”

Dropbox secured a rare laches ruling based in significant part on internal discussions by the other claimant to “dropbox” about how delaying a claim until after Dropbox’s IPO would increase the payout.  Via DuetsBlog. from Blogger http://ift.tt/2geplUQ

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Truthful report about injunction not misleading, even if injunction shouldn’t have been issued

Peek v. Whittaker, 2016 WL 6806265,  No. 13-cv-1188 (W.D. Pa. Nov. 17, 2016) The parties, floor care businesses, are in a litigation deathmatch; this case is a follow-on to a state court lawsuit.  Whittaker sold carpet cleaning machines and fluids … Continue reading

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When Lexmark raises the standard: competitor fails to show harm causation from literal falsity

Snac Lite, LLC v. Nuts ‘N More, LLC, 2016 WL 6778268, No. 14-cv-01695 (N.D. Ala. Nov. 16, 2016) Snac Lite sued NNM for misrepresenting the protein content of its specialty nut butters.  The court granted summary judgment, despite past literally … Continue reading

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Jaszi festschrift–abbreviated panel 4

Pam Samuelson Reflections Praised Jaszi’s leadership in fighting White Paper, Digital Future Coalition; the DMCA could have been much worse. Reached out to people who think about copyright ownership who aren’t lawyers. Panel 4 – Pedagogy Plus Joseph Liu and … Continue reading

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Jaszi Festschrift, Panel 3 Fair use

Michael Donaldson, Reflections: More lobbyists in Congress for © industries than there are members of Congress.  But fair use guidelines for documentary film weren’t threatening, especially once there was insurance for filmmakers who used the guidelines.  Good fair use decisions, … Continue reading

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Jaszi festschrift: Panel 2 – Authorship

Margaret Chon, What Berne Article 15(4) Tells Us Decolonization and development: only one country, India, initially designated an authority to facilitate compulsory licensing and even after Berne was amended only two dozen countries have taken advantage of the option.  Non … Continue reading

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