Author Archives: rtushnet

post-complaint changes prevent finding of irreparable harm

Pegasystems, Inc. v. Appian Corp., 2020 WL 137301, No. 19-11461-PBS (D. Mass. Jan. 13, 2020) Following on its denial of a motion to dismiss, the court denied a motion for preliminary injunction in this false advertising case. Because the alleged … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

labeling grandfathered drug in standard format doesn’t misrepresent it as FDA-approved

Belcher Pharms., LLC v. Hospira, Inc., — F. Supp. 3d –, No. 8:17-cv-2353-T-30AAS, 2020 WL 102744 (M.D. Fla. Jan. 7, 2020) “Epinephrine—a drug that is a medical necessity—has been in short supply on and off for nearly a decade.” Hospira … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Reading list: Pam Samuelson on legal writing

Pamela Samuelson, Good Legal Writing: of Orwell and WindowPanes  From the archives: Excellent short piece on legal writing, for students and other legal writers of all kinds.  In itself, interesting to see how a groundbreaking female academic framed things in … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

confusion is not irreparable harm in false advertising case

AMETEK CTS US, Inc. v. Advanced Test Equipment Corp., No.19-cv-02348-H-AHG, 2020 WL 133888 (S.D. Cal. Jan. 13, 2020) The parties operate in the market for “sophisticated electronic instruments in the automotive, telecommunications, energy, aerospace, power, research, medical and industrial markets.” … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Amicus brief in Booking.com

Joined by a number of able trademark scholars, I filed this amicus brief in Booking.com in support of neither party, arguing that (1) genericness standards need to take into account the risks of overassertion/overprotection, and (2) unfair competition doctrine provides … Continue reading

Posted in Uncategorized | Tagged , | Leave a comment

Amicus brief in Google v. Oracle

Like everyone else, I filed an amicus, this one on behalf of copyright scholars, focused on fair use. Other currently submitted briefs are here. from Blogger https://ift.tt/35MOKNd

Posted in Uncategorized | Tagged , | Leave a comment

Reading list: disclosures as compelled commercial speech

Reading list: Aaron Stenz, Note: The Controversial Demise of Zauderer: Revitalizing Zauderer Post-NIFLA, 104 Minn. L. Rev. 553 (2019). The First Amendment broadly stands for the idea that government attempts to curtail the right of the American people to both … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment