Monthly Archives: November 2023

Earnings calls, recall notices not “commercial advertising or promotion,” but could be “of and concerning” largest market player

Posted on November 27, 2023 by rtushnet

In re SoClean, Inc., Marketing, Sales Practices & Products Liab. Litig., 2023 WL 8006602, MDL No. 3021, No. 22-542 (W.D. Pa. Nov. 17, 2023) Because this is MDL with lots of claims, the facts are a bit complicated. SoClean is … Continue reading →

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too much complaining about copying triggers Dastar/preemption for other claims

Posted on November 27, 2023 by rtushnet

Design Gaps, Inc. v. Hall, 2023 WL 8103156, No. 3:23-cv-186-MOC (W.D.N.C. Nov. 21, 2023) Design Gaps produces custom cabinetry for high-end homes; Hall is a former employee of Design Gaps who signed a nonsolicitation/noncompete clause but went to work for … Continue reading →

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who has standing to challenge robot lawyers?

Posted on November 27, 2023 by rtushnet

MillerKing, LLC v. DoNotPay, Inc., — F.Supp.3d —-, No. 3:23-CV-863-NJR, 2023 WL 8108547 (S.D. Ill. Nov. 17, 2023) “This case pits real lawyers against a robot lawyer.” Spoiler: the robot wins for lack of Article III standing. DoNotPay is an … Continue reading →

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Holly Herndon and AI in the New Yorker

Posted on November 17, 2023 by rtushnet

 Article here. I’m quoted. from Blogger http://tushnet.blogspot.com/2023/11/holly-herndon-and-ai-in-new-yorker.html

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I was on Hard Fork to talk copyright and AI

Posted on November 15, 2023 by rtushnet

 Here’s an RSS feed and a Spotify link. from Blogger http://tushnet.blogspot.com/2023/11/i-was-on-hard-fork-to-talk-copyright.html

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Nominative fair use: when a logo is not too much

Posted on November 15, 2023 by rtushnet

It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are situations where the logo/trade dress is actually an important means of communicating and should still … Continue reading →

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when can pharma experts testify about compliance with the FDCA? (also some survey stuff)

Posted on November 13, 2023 by rtushnet

ImprimisRX, LLC v. OSRX, Inc., 2023 WL 7390842, No. 21-cv-01305-BAS-DDL (S.D. Cal. Nov. 8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised … Continue reading →

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alleged Haitian corruption doesn’t make collection of “foreign taxes” misleading or material

Posted on November 13, 2023 by rtushnet

Celestin v. Martelly, — F.Supp.3d —-, 2023 WL 6385 (E.D.N.Y. 2023) Plaintiffs alleged Martelly, the then-President-elect of Haiti, devised a “wide-ranging scheme” to impose fees and fix prices on money transfers, food remittances, and international calls made to and from … Continue reading →

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(c) infringement and false advertising claims against addiction treatment competitor survive, in part

Posted on November 9, 2023 by rtushnet

New Directions Program v. Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 2:22-cv-01090-DAD-JDP (E.D. Cal. Nov. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of … Continue reading →

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Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

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