Author Archives: rtushnet

court finds unique tracking of units of fluoride products immaterial even if vaguely safety-related

Posted on August 12, 2025 by rtushnet

Method Pharmaceuticals, LLC v. H2-Pharma, LLC, 2025 WL 2298395, No. 2:20-cv-753-ECM (M.D. Ala. Aug. 8, 2025) Method asked the court to reconsider its ruling granting summary judgment on certain false advertising claims to H2, which sells a fluoride product as … Continue reading →

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7-11% oversupply of caffeine in energy drink wasn’t plausibly material

Posted on August 11, 2025 by rtushnet

In Re: Prime Energy Consumer Litigation, No. 24 Civ. 2657 (KPF) (S.D.N.Y. Jul. 31, 2025) You can tell how this will go from the first sentence: “For those consumers seeking a jolt of energy in caffeinated-beverage form, does the inclusion … Continue reading →

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New article: History and Tradition in First Amendment Intellectual Property Cases: A Critique

Posted on August 11, 2025 by rtushnet

 Preprint available here. Abstract There are indications that the “history and tradition” approach the Supreme Court applied to gun rights and abortion restrictions may be coming for First Amendment doctrine. In intellectual property cases, it already has, with the Court using historical … Continue reading →

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Visual comparison in online contract formation

Posted on August 11, 2025 by rtushnet

Cody v. Jill Acquisition LLC, — F.Supp.3d —-, 2025 WL 1822907, No. 25-CV-937 TWR (KSC) (S.D. Cal. Jun. 30, 2025) I wouldn’t usually blog a consumer class action that was just about arbitration, but I want to highlight this one … Continue reading →

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IPSC: Closing plenary: DOGE; the First Amendment (me!); and the 50th anniversary of the Copyright Act

Posted on August 8, 2025 by rtushnet

David Schwartz (Northwestern Pritzker School of Law), Christopher Cotropia (The George Washington University Law School), DOGE Days at the USPTO? Evidence from a Natural Experiment in Administrative Reform PTO provides some employees w/union protections and others not. As soon as … Continue reading →

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IPSC: Comparative & International IP

Posted on August 8, 2025 by rtushnet

Karen Sandrik, Marquette University Law School, Cultural Legacies and Innovation Barriers: Comparative Lessons from Post–Soviet Research Institutions for American Innovation Policy Slovakia: Comenius U press release about first official patent sold/assigned by a Slovak university. They spent a year negotiating … Continue reading →

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IPSC: Copyright Enforcement

Posted on August 8, 2025 by rtushnet

Thomas H. Rousse, Northwestern Pritzker School of Law, Open Licensing, Hidden Costs: Survey Experiment Insights On Creative Commons and Copyright Infringement Pragmatist; experience as journalist with taking a photo, licensing it via CC, and seeing it widely reused without credit … Continue reading →

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IPSC: Trademarks in Society

Posted on August 8, 2025 by rtushnet

Jonathan Masur, University of Chicago Law School, Measuring the Value of Trademark Distinctiveness: Evidence from the Market for Bordeaux Wines Branding is important; confusion is the core justification for TM to allow consumers to get what they want and firms … Continue reading →

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IPSC: Copyright Fair Use and User Rights/Trademark IV

Posted on August 8, 2025 by rtushnet

Copyright Fair Use and User Rights Stav Zeitouni, UC Berkeley School of Law, A Theory of Noncommerciality in Fair Use Lots of incoherent concepts—Hachette v. Internet Archive is example where dct used “failed to pay the customary price,” but ct … Continue reading →

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IPSC: TM III/Music

Posted on August 7, 2025 by rtushnet

Trademark III Graeme B. Dinwoodie, Chicago–Kent College of Law – Illinois Institute of Technology, Not Just the Gutting of Rogers: A Window into Modern Trademark Challenges Defenses developed much more seriously in the US than in Europe. Rogers was an … Continue reading →

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