Monthly Archives: June 2017

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

Posted on June 30, 2017 by rtushnet

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

Posted on June 30, 2017 by rtushnet

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

Posted on June 29, 2017 by rtushnet

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

Posted on June 28, 2017 by rtushnet

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

Posted on June 27, 2017 by rtushnet

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

Posted on June 27, 2017 by rtushnet

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

Posted on June 22, 2017 by rtushnet

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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Slightly cooler take on Tam

Posted on June 21, 2017 by rtushnet

I will have some more thoughts in Tam in a forthcoming amicus brief arguing that dilution is unconstitutional.  I think this was about the least harmful affirmance the Court could have written, though for precisely that reason it leaves a … Continue reading →

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Court approves conjoint analysis to determine damages in consumer class action

Posted on June 19, 2017 by rtushnet

Morales v. Kraft Foods Group, Inc., 2017 WL 2598556, No. CV14-04387 (C.D. Cal. Jun. 9, 2017) Plaintiffs alleged that they were misled by Kraft’s use of the term “natural cheese” on its “Natural Cheese Fat Free Shredded Fat Free Cheddar … Continue reading →

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Will B&B preclusion become typical?

Posted on June 19, 2017 by rtushnet

Buzz Seating, Inc. v. Encore Seating, Inc., No. 16-cv-1131 (S.D. Ohio Jun. 16, 2017) This case suggests that B&B is quite a broad decision, despite some cautionary statements in the Court’s opinion—you can avoid B&B preclusion if you sell goods … Continue reading →

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