Monthly Archives: September 2018

New verse, same as the first in Sony/Michael Jackson case

Serova v. Sony Music Entertainment, 2018 WL 4356891, — Cal.Rptr.3d —-, No. B280526 (Ct. App. 2018) The court amends its opinion finding that Sony’s advertising that Michael Jackson was the performer of all the songs on the posthumous Jackson album … Continue reading

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New verse, same as the first in Sony/Michael Jackson case

Serova v. Sony Music Entertainment, 2018 WL 4356891, — Cal.Rptr.3d —-, No. B280526 (Ct. App. 2018) The court amends its opinion finding that Sony’s advertising that Michael Jackson was the performer of all the songs on the posthumous Jackson album … Continue reading

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2 week difference leads to $10 million in damages in pregnancy estimator case

Church & Dwight Co. v. SPD Swiss Precision Diagnostics GmbH, No. 14-CV-585 (AJN), 2018 WL 4253181 (S.D.N.Y. Sept. 5, 2018) Church & Dwight won an injunction, affirmed by the Second Circuit, against SPD’s advertising of its “Clearblue Advanced Pregnancy Test … Continue reading

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In plagiarism/false attribution case, use was de minimis, fair, and protected by 1A

Israel v. Strassberg, 2018 WL 4290394, No. 2:15-CV-741 (D. Utah. Sept. 7, 2018) Israel entered the Ph.D. Psychology program at the University of Utah, which required a master’s thesis, and Strassberg was her advisor. Israel’s master’s thesis turned on the … Continue reading

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In plagiarism/false attribution case, use was de minimis, fair, and protected by 1A

Israel v. Strassberg, 2018 WL 4290394, No. 2:15-CV-741 (D. Utah. Sept. 7, 2018) Israel entered the Ph.D. Psychology program at the University of Utah, which required a master’s thesis, and Strassberg was her advisor. Israel’s master’s thesis turned on the … Continue reading

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“One A Day” conveys that consumers need take only one a day, Cal. court holds

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading

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“One A Day” conveys that consumers need take only one a day, Cal. court holds

Brady v. Bayer Corp., G053847, 2018 WL 4275356, — Cal.Rptr.3d —- (Ct. App. Sept. 7, 2018) Judge Bedsworth was not pulling any punches in this opinion. I’ll probably quote too much but outraged rhetoric can be fun.  To summarize: [W]hen … Continue reading

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