Monthly Archives: August 2023

Free Speech Challenges to the Inflation Reduction Act

Posted on August 29, 2023 by rtushnet

 With Sean Tu, at JAMA. Given how short the piece had to be, we had to cut out some other examples, but the claim is still a good example of the metastasizing First Amendment. from Blogger http://tushnet.blogspot.com/2023/08/free-speech-challenges-to-inflation.html

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Online contracts, government website edition

Posted on August 25, 2023 by rtushnet

 The terms of service for this state site are interesting. Query what happens when they’re barred by the law of another state (I see no forum selection clause) or by copyright misuse. And given the specific reference to “coffee table … Continue reading →

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Seen at the Capital Jewish Museum

Posted on August 24, 2023 by rtushnet

 Fundraising brochure, Jewish Community Center of Northern Virginia 1989: “You should invest in community property” with Monopoly theme: from Blogger http://tushnet.blogspot.com/2023/08/seen-at-capital-jewish-museum.html

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“Face” sunscreen 2x as expensive as regular plausibly misleading when formula was the same

Posted on August 8, 2023 by rtushnet

Akes v. Beiersdorf, Inc., 2023 WL 5000434, No. 3:22-cv-869 (JBA) (D. Conn. Aug. 4, 2023) Akes brought the usual California claims/unjust enrichment, alleging that she was misled by the labeling of the 2.5-ounce bottle of Coppertone Sport Mineral sunscreen as … Continue reading →

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Paul Mitchell plausibly not “cruelty free” because of entry into market requiring animal testing

Posted on August 7, 2023 by rtushnet

Heagney v. John Paul Mitchell Sys., 2023 WL 4947974, No. 23-cv-00687-VC (N.D. Cal. Aug. 2, 2023) A smoothly written opinion: As the complaint tells it, Paul Mitchell has long marketed its business and its products as “cruelty-free.” The plaintiffs say … Continue reading →

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What can experts testify to in Lanham Act cases? Not the law or regulations

Posted on August 7, 2023 by rtushnet

GOLO, LLC v. Goli Nutrition Inc., 2023 WL 4952576, No. 20-667-RGA (D. Del. Aug. 3, 2023) Potentially interesting pretrial rulings in this false advertising/TM case: Goli’s motion to exclude the testimony of Dr. Jerry Wind was granted in part to … Continue reading →

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Posted on August 7, 2023 by rtushnet

Hall v. Marriott Int’l, Inc., No. 19cv1715-JO-AHG, 2023 WL 4417265, — F.R.D. – (S.D. Cal. Mar. 30, 2023) Previous opinion in this case about allegedly deceptive/inadequately disclosed mandatory “resort fees.” The court ends up certifying an issues California class, but … Continue reading →

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IPSC Closing Plenary Session

Posted on August 4, 2023 by rtushnet

An Author/Reader Conversation about Jessica Silbey, Against Progress: Intellectual Property and Fundamental Values in the Internet Age (2022) Robert Brauneis: Three layers—(1) object of discovery: creator and innovator accounts, concerns, what kind of conditions support/hinder them in their work; (2) … Continue reading →

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IPSC Breakout Session #5 Platforms & Interfaces/IP Enforcement

Posted on August 4, 2023 by rtushnet

Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? Ideas are nothing without financing. Banks will not give loans secured by patents; banking law constraints. How was Silicon Valley Bank able to make loans to startups before … Continue reading →

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IPSC Breakout Session #4 Innovation/Copyright

Posted on August 4, 2023 by rtushnet

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? Costly inefficiencies in supply and demand.         Virtually no one thinks … Continue reading →

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