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- “Maximum Strength” is plausibly misleading when cheaper Regular Strength has more active ingredient by volume
- 100% Pure Aloe can contain preservatives, stabilizers in the absence of evidence from consumers that they care
- antitrust claim based in part on false advertising in concentrated market survives
- 230 protects anti-malware vendor against noncompetitors
- “no soy protein” claim for dog food plausibly indicates no soy
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Monthly Archives: May 2018
5th Circuit requires use as a mark, but finds Krusty Krab restaurant in SpongeBob qualifies
Viacom Int’l, Inc. v. IJR Capital Investments, L.L.C., No. 17-20334 (5th Cir. May 22, 2018) The Fifth Circuit here adopts a “use as a mark” requirement, though not a very vigorous one, indicating once again that the concept is too … Continue reading
Is this “diet” soda script too close to Diet Coke’s?
I have to admit, I might expect it to be a Coca-Cola product. What’s more, it’s made in the US, not Brazil, and seems to be a copy of Guarana Antarctica, a Brazilian beverage. from Blogger https://ift.tt/2L3o55M
But in that sleep what dreams of liability may come?
When you sue a competitor for false advertising, be prepared to get sued back. In this pair of opinions, most of the parties’ claims against each other survived, paving the way for a messy trial. GhostBed, Inc. v. Casper Sleep, Inc., … Continue reading
TM exam question: the right of publicity v. comparative advertising
What if Coco Chanel had been the plaintiff in Smith v. Chanel? This question made me very happy, and I got a bunch of interesting answers on my final: Kim Kardashian is famous for being famous. She is a highly … Continue reading
Content Moderation at Scale, 2/2
You Make the Call: Audience Interactive (with a trigger warning for content requiring moderation) Emma Llanso, Center for Democracy & Technology & Mike Masnick, Techdirt Hypo: “Grand Wizard Smith,” w/user photo of a person in a KKK hood, posts a … Continue reading
Posted in Uncategorized
Tagged 2/2 conferences, Content Moderation at Scale, secondary liability
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Content Moderation at Scale, DC Version
Foundations: The Legal and Public Policy Framework for Content Eric Goldman gave a spirited overview of 230 and related rules, including his outrage at the canard that federal criminal law hadn’t applied to websites until recently—he pointed out that online … Continue reading
Posted in Uncategorized
Tagged conferences, Content Moderation at Scale, copyright, DC Version 230, defamation, dmca, secondary liability
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