Monthly Archives: June 2017

9th Circuit upholds SF ordinance targeting false advertising by pregnancy centers

First Resort, Inc. v. Herrera, 2017 WL 2766094, — F.3d –, No. 15-15434 (9th Cir. Jun. 27, 2017) First Resort, a nonprofit providing free pregnancy-related services, challenged San Francisco’s Pregnancy Information Disclosure and Protection Ordinance, which targeted false or misleading … Continue reading

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Reading list: unregistered marks in the EU

Verena von Bomhard & Artur Geier, Unregistered Trademarks in EU Trademark Law, Trademark Reporter, May-June, 2017 Vol. 107 No. 3 Abstract: The European Union (“EU”) trademark system is based on registration. Nevertheless, the laws of the EU Member States also … Continue reading

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Second Circuit holds that allegations of “systematic” underweighing plead injury in fact for specific individual

John v. Whole Foods Market Gp., Inc., 858 F.3d 732 (2d. Cir. 2017) John filed a putative class action under GBL §§ 349-350 alleging that New York City Whole Foods grocery stores systematically overstated the weights of pre-packaged food products … Continue reading

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What I said to the USTR

Thanks for the opportunity to participate.  I’m here on behalf of the Organization for Transformative Works, a nonprofit which has over 770,000 registered users who have created more than a million works, and our website receives over 115 million page … Continue reading

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Testimony before USTR on NAFTA

I’ll be testifying later today on behalf of the Organization for Transformative Works, based on this submission (for which Betsy Rosenblatt deserves primary credit, though she couldn’t fly across the country to attend–a stark reminder that not everyone gets a … Continue reading

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Reading list: right of publicity

Mark Bartholomew, The Political Economy of Celebrity Rights  Whittier Law Review, Forthcoming Abstract: This essay discusses how the right of publicity became such a robust property right — much more far-reaching than analogous rights in copyright or trademark. One cannot … Continue reading

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Copyright Office issues 1201 report

Available here.  It’s a lot to go through, but on first inspection they seem to be trying to address persistent problems, though in the main not by accepting the advice that participants had for them (like scheduling 1201 exemption proposals … Continue reading

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