Monthly Archives: February 2017

Reading list: women in technology

Posted on February 27, 2017 by rtushnet

Sacha Judd on where to point the “pipeline”: fandom–includes discussion of the Organization for Transformative Works’ AO3.  Also worth reading is the linked talk from the founder of Pinboard, who writes hilariously and respectfully about fans’ ability to self-organize and … Continue reading →

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Bridging the Gap Between the Federal Courts and the U.S. Patent and Trademark Office

Posted on February 24, 2017 by rtushnet

Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels. Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next Frontier Incontestability is a nearly unique feature of American trademark law, with a … Continue reading →

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Blast from the past: pleading falsity based on scientific claims

Posted on February 24, 2017 by rtushnet

Biolase, Inc. v. Fotona Proizvodnja Optoelektronskih Naprav D. D., No. CV 14-0248, 2014 WL 12579802 (C.D. Cal. Jun. 4, 2014) A rare case applying the Second Circuit’s ONY case and perhaps suggesting why that case wasn’t a blockbuster.  Biolase and Fotona … Continue reading →

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Craigslist credit scam by affiliate leads to FTC action

Posted on February 24, 2017 by rtushnet

Federal Trade Commission v. Credit Bureau Center, LLC, 2017 WL 680344, No. 17 C 194 (N.D. Ill. Feb. 21, 2017) I think Eric Goldman will see a §230 issue here. The FTC sued CBC, Michael Brown, Danny Pierce, and Andrew … Continue reading →

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Re:Create features fan vidders for fair use week

Posted on February 24, 2017 by rtushnet

See (and watch!) here.  Lim’s Marvels is my favorite of her work, but her editing is generally flawless.  I find it a particularly good example for fair use week because of the way it shamelessly panders to the female gaze, … Continue reading →

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Court won’t hear false advertising and contributory liability claims based on tinnitus credentialing

Posted on February 24, 2017 by rtushnet

Academy of Doctors of Audiology v. International Hearing Society, 2017 WL 679354, No. 16-13839 (E.D. Mich. Feb. 21, 2017) IHS held a training program on tinnitus care in Orlando, Florida, stating that it would provide a “Tinnitus Care Provider Certificate” … Continue reading →

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Reading list: aesthetic nondiscrimination and fair use

Posted on February 22, 2017 by rtushnet

 Brian L. Frye, Aesthetic Nondiscrimination & FairUse,  3 Belmont L. Rev. 29 (2016) ABSTRACT While courts do not consider the aesthetic value of an element of a work in determining whether it is protected by copyright, they do consider the … Continue reading →

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State law can’t protect uncopyrightable design for useful article

Posted on February 21, 2017 by rtushnet

Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017) A nice citation for the proposition that §301 preemption covers both copyrightable and uncopyrightable matter. Ultraflo argued that Pelican engaged in unfair competition by misappropriation claim … Continue reading →

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Gun gag rule case provides good overview of post-Reed First Amendment doctrine

Posted on February 21, 2017 by rtushnet

Wollschlaeger v. Governor, No. 12-14009 (11th Cir. Feb. 16, 2017) The court of appeals at last mostly overturns Florida’s Firearms Owners’ Privacy Act (FOPA), after several false starts. The AMA “encourages its members to inquire as to the presence of … Continue reading →

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Reading list: poetry and copyright norms

Posted on February 21, 2017 by rtushnet

Evan Nelson, Unacknowledged Legislators: The ContemporaryPoetry Community’s Quasi-Regime of Intellectual Property, 91 N.D. L. Rev. 634 (2015). Abstract: Intellectual property grants artificial monopolies to authors, and this practice has long been justified as an economic bargain necessary to encourage new … Continue reading →

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