Monthly Archives: October 2023

New comment on a paper about YouTube and music

Posted on October 27, 2023 by rtushnet

 Here. Abstract This useful article about the effects of music on YouTube on consumption of the same music elsewhere should be understood for what it is: An empirical investigation of YouTube’s effects. It allows no conclusions about “safe harbors” both … Continue reading →

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CFPB hiring

Posted on October 26, 2023 by rtushnet

 Of possible interest; excerpts: The Consumer Financial Protection Bureau is recruiting attorneys and non-attorneys at all experience levels to join our Enforcement team.… We are offering opportunities in multiple enforcement positions in our Washington, D.C. headquarters and in our regional offices … Continue reading →

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Old Bay or 420 Bud?

Posted on October 24, 2023 by rtushnet

 This sticker doesn’t seem particularly likely to confuse to me, and dilution is bunk: from Blogger http://tushnet.blogspot.com/2023/10/old-bay-or-420-bud.html

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TM co-owner can’t challenge uses authorized by other co-owners (bonus Lexmark reasoning)

Posted on October 24, 2023 by rtushnet

Reed v. Marshall, 2023 WL 6963661, No. H-21-3942 (S.D. Tex. Oct. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. … Continue reading →

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New Jot on Article 17

Posted on October 23, 2023 by rtushnet

 I review an interesting article here. from Blogger http://tushnet.blogspot.com/2023/10/new-jot-on-article-17.html

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it is unfair to fail to disclose paid promotion/for influencers not to do due diligence on what they promote

Posted on October 19, 2023 by rtushnet

In Re Ethereummax Investor Litig., No. CV 22-00163-MWF (SKx), 2023 WL 6787827 (C.D. Cal. Jun. 6, 2023) EMAX is a cryptocurrency project centered around the EthereumMax, which can be traded, spent, or otherwise transacted between token holders. EMAX Tokens were … Continue reading →

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Claims against “Southern Comfort” malt beverage not preempted

Posted on October 11, 2023 by rtushnet

Del Rosario v. Sazerac Co., 2023 WL 6318083, No. 23-cv-1060 (AS) (S.D.N.Y. Sept. 28, 2023) Sazerac sells a malt version of its famous Southern Comfort whiskey. Plaintiff alleged that Sazerac designed this malt version to look just like the original … Continue reading →

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no injury to alcoholic kombucha producer from competitor’s false no-alcohol/low-sugar label (cute dogs are also involved)

Posted on October 11, 2023 by rtushnet

Tortilla Factory, LLC v. GT’s Living Foods, LLC, No. CV 17-7539 FMO (GJSx), 2023 WL 6296900 (C.D. Cal. Sept. 27, 2023) Interesting bench trial result that finds no proximate causation of plaintiff’s injury from defendant’s false advertising. Despite finding the … Continue reading →

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TM and takings claims against Puerto Rico fail: license plates/tags aren’t use in commerce

Posted on October 11, 2023 by rtushnet

Clemente Properties, Inc. v. Urrutia, No. 22-1373 (GMM), 2023 WL 6201397, — F. Supp. 3d — (D.P.R. Sept. 22, 2023) Plaintiffs own Roberto Clemente’s IP rights and a registration for ROBERTO CLEMENTE for “figurines, statues and statuettes made of non-precious … Continue reading →

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proximate causation isn’t as easy when there’s no disparagement

Posted on October 11, 2023 by rtushnet

HomeLight, Inc. v. Shkipin, No. 22-cv-03119-PCP, 2023 WL 6284738, — F.Supp.3d —- (N.D. Cal. Sept. 27, 2023) HomeLight runs an online platform that matches real estate agents with homebuyers and sellers and requires any agent who accepts a referral resulting … Continue reading →

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