Monthly Archives: May 2019

Commercial Speech and the First Amendment, NYC, June 3 (invitation)

Posted on May 3, 2019 by rtushnet

Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading →

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Commercial Speech and the First Amendment, NYC, June 3 (invitation)

Posted on May 3, 2019 by rtushnet

Register at this link. From Yale Law School’s Abrams Institute for Freedom of Speech – The 4th Commercial Speech and Commercial Speech Conference COMMERCIAL SPEECH POST-NIFLA v. BECERRA: LEGITIMATE CHECK ON COMPELLED SPEECH OR WEAPONIZATION OF THE FIRST AMENDMENT? Panelists: Robert … Continue reading →

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Legal Applications of Marketing Theory, part 2

Posted on May 3, 2019 by rtushnet

Dominique Hanssens, Natalie Mizik, & Lorenzo Michelozzi, UCLA Anderson, Univ of Washington, Cornerstone Research, Brand Value, Marketing Spending and Royalty Rates Brands can create value, but require ongoing marketing. When licensed, disputes can arise about royalty rates and marketing support/maintenance … Continue reading →

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Legal Applications of Marketing Theory, part 1

Posted on May 3, 2019 by rtushnet

Jacob Gersen & Joel Steckel, Harvard Law & NYU Stern, Conference Introduction Steckel gave a talk on dilution years ago and RT tore him apart (sorry!); since then, he’s done work with Chris Sprigman to answer some of the Qs … Continue reading →

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false advertising claim based on alleged misbranding of drug as supplement fails

Posted on May 2, 2019 by rtushnet

Amarin Pharma, Inc. v. Int’l Trade Comm’n, Nos. 2018-1247, 2018-114, 2019 WL 1925649, — F.3d – (Fed. Cir. May 1, 2019) The court of appeals upheld the ITC’s decision not to institute an investigation into Amarin’s complaint of an unfair … Continue reading →

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Recommended podcast on multilevel marketing

Posted on May 2, 2019 by rtushnet

The Dream by Stitcher. Excellent look at how multilevel marketing companies succeed at avoiding regulation and at convincing enough people to try them—and convincing them that their subsequent failure is their own fault and not intrinsic to the model—to make … Continue reading →

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hijacking another’s webpage for competing service is bad

Posted on May 1, 2019 by rtushnet

Spy Dialer, Inc. v. Reya LLC, 2019 WL 1873296, No. ED CV 18-1178 FMO (SHKx) (C.D. Cal Mar. 18, 2019) The parties compete in the market for reverse phone lookups.  When a user accessed plaintiff’s Spydialer.com, malicious computer code allegedly … Continue reading →

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prisoner’s consumer protection claim against false advertising of music player should proceed

Posted on May 1, 2019 by rtushnet

Mendoza v. Inch, 2019 WL 1901811, No. 18cv66-RH/CAS (N.D. Fla. Feb. 20, 2019) (report & recommendation) Prisoners are an extremely vulnerable population; here a consumer protection claim may offer some hope despite the usual barriers to relief.  Mendoza alleged that … Continue reading →

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allegations of “use on a website” don’t plausibly allege TM confusion

Posted on May 1, 2019 by rtushnet

Blue Water Innovations, LLC v. Fettig, No. 18-60671-Civ-Scola, 2019 WL 1904589 (S.D. Fla. Mar. 8, 2019) Quick reminder that the Eleventh Circuit hasn’t formally recognized initial interest confusion.  That said, at least in a complaint with fewer problems, simply alleging … Continue reading →

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