Monthly Archives: August 2021

IPSC: Remedies and Creativity

Posted on August 12, 2021 by rtushnet

Panel 24 – Remedies: Thomas F. Cotter, Nominal Damages—and Nominal Damages Workarounds—in Intellectual Property Law TransUnion v. Ramirez—FCRA case where D allegedly failed to use reasonable care and people were falsely identified as potential terrorists; sought statutory damages, but most … Continue reading →

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Lexmark applies to false endorsement, defeats noncelebrity claim (for now)

Posted on August 12, 2021 by rtushnet

Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C. Mar. 30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor … Continue reading →

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Cracks in the foundation: Laches and proximate cause defeat auto glass false advertising claim

Posted on August 12, 2021 by rtushnet

Campfield v. Safelite Gp., Inc., 2021 WL 1215869, No. 2:15-cv-2733 (S.D. Oh. Mar. 31, 2021) Plaintiffs alleged that Safelite misrepresented the nature and characteristics of plaintiffs’ products to consumers in violation of the Lanham Act. Safelite counterclaimed for various business … Continue reading →

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IPSC Panel 20 – Copyright Theory

Posted on August 12, 2021 by rtushnet

Shyamkrishna Balganesh, The Institutionalist Turn in Supreme Court Copyright Jurisprudence [Mandatory laptop update delayed my entry; this is a typically rich paper] Institutionalism example: commitment to Congress to decide in Eldred in Golan. Substantive disagreement takes the language of interpretation … Continue reading →

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IPSC: Copyright and Trademark

Posted on August 12, 2021 by rtushnet

Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. Clark D. Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 … Continue reading →

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IPSC Panel 14 – Copyright Authorship & Ownership

Posted on August 11, 2021 by rtushnet

Timothy J. McFarlin, A Copyright Ignored? Mark Twain, Mary Ann Cord, and the Meaning of Authorship Twain used the story of formerly enslaved cook Mary Ann Cord, changing her name to Aunt Rachel. Told story “repeated word for word as … Continue reading →

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no preemption of state claims where FDA didn’t regulate cosmetic talc at all

Posted on August 11, 2021 by rtushnet

Johnson & Johnson v. Fitch, No. 2019-IA-00033-SCT, — So.3d —-, 2021 WL 1220579 (Miss. Apr. 1, 2021) The Mississippi AG sued J&J under the Mississippi Consumer Protection Act for selling talcum powder products, alleging that J&J failed to warn of … Continue reading →

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false advertising as a workaround when municipal codes are copied?

Posted on August 11, 2021 by rtushnet

International Code Council, Inc. v. UpCodes, Inc., 2021 WL 1236106, Nos. 17 Civ. 6261 (VM) & 20 Civ. 4316 (VM) (S.D.N.Y. Mar. 1, 2021) (presently on appeal) ICC, a nonprofit that develops model codes for design/construction that are often adopted … Continue reading →

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CA’s Prop 65 warning unconstitutional for acrylamide warnings for being scientifically overcertain

Posted on August 10, 2021 by rtushnet

California Chamber of Commerce v. Becerra, 2021 WL 1193829, No. 2:19-cv-02019-KJM-EFB (E.D. Cal. Mar. 30, 2021) California allegedly compelled businesses to display misleading warnings about the dangers of acrylamide, a carcinogen. The Council for Education and Research on Toxics (CERT) … Continue reading →

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trolling over gnomes–no, really–on Amazon

Posted on August 10, 2021 by rtushnet

Shenzhen Tange Li’an E-Commerce Co. v. Drone Whirl LLC, 2021 WL 3474007, No. 1:20-CV-00738-RP (W.D. Tex. Aug. 6, 2021) (R&R) Shenzhen sought a declaratory judgment that a design patent for a toy gnome figurine was unenforceable and invalid, given that … Continue reading →

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