Author Archives: rtushnet

CopyrightX: Article 13

Posted on May 14, 2019 by rtushnet

Panel Two: Online Service Providers, Automated Anti-piracy Systems, and Article 13 [like CDA 230, it may never lose the initial number even if it no longer fits the statutory numbering] Moderator: Jennifer Esch Giancarlo Frosio: Copyright and Article 13 Summary … Continue reading →

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CopyrightX: UGC panel

Posted on May 14, 2019 by rtushnet

Panel One: User-generated Content, Digital Labor, and Collaborative Authorship Moderator: Bethany Rabe Rebecca Tushnet: Fanworks, Fair Use, and Self-Actualization Through Transformative Expression Title assigned a few months ago is a little misleading because I actually wanted to take the opportunity … Continue reading →

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CopyrightX summit: Keynote by Maria Strong

Posted on May 14, 2019 by rtushnet

CopyrightX summit Keynote: Maria Strong, Director of Policy & International Affairs, U.S. Copyright Office Update on elements of protection, exceptions/permissible uses.  Biggest news in 20 years: Music Moernization Act, including many recommendations from the CO.  Blanket license for digital music … Continue reading →

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She don’t lie, but the pharmaco might: cocaine false advertising case continues

Posted on May 8, 2019 by rtushnet

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 1981186, No. 18-cv-07603-WHO (N.D. Cal. May 3, 2019) Genus competes with Lannett in the market for cocaine hydrochloride nasal spray. It sued Lannett for false advertising and maintaining a monopoly related … Continue reading →

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Patent grants and gender bias

Posted on May 8, 2019 by rtushnet

Spotted via Colleen Chien, on patents and gender bias: The researchers found that women inventors with common names had an 8.2% lower chance of getting their patents approved. But the difference in probability of approval fell to 2.8% for those … Continue reading →

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Journal article merited better disclosure of affiliation w/competing group, not a lawsuit

Posted on May 8, 2019 by rtushnet

Board of Forensic Document Examiners, Inc. v. American Bar Ass’n, — F.3d —-, 2019 WL 1930310, No. 18-2653 (7th Cir. May 1, 2019) The Board of Forensic Document Examiners is a non-profit organization that certifies forensic document examiners (currently about … Continue reading →

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Copying before-and-after surgical photos can be false advertising despite Dastar

Posted on May 6, 2019 by rtushnet

Aesthetic Associates, Inc. v. Key West Institute for Plastic Surgery, Inc., No. 18-10059-CIV-MARTINEZ-OTAZO-REYES, 2019 WL 1922854 (S.D. Fla. Feb. 5, 2019) Plaintiff, whose principal is Dr. Portuese, sued defendants for copyright infringement, removal of CMI and false advertising in passing … Continue reading →

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court rejects contributory false advertising under Lanham Act

Posted on May 6, 2019 by rtushnet

Telebrands Corp. v. My Pillow, Inc., 2019 WL 1923410, No. 18-CV-06318 (N.D. Ill. Apr. 30, 2019) Telebrands sued My Pillow (maker of a “patented pillow product,” which I’m so tempted to call PPP) for breach of contract, breach of implied … Continue reading →

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Legal Applications of Marketing Theory, part 5 (me on puffery)

Posted on May 6, 2019 by rtushnet

Rebecca Tushnet, Harvard Law School, On Puffery Puffery is a concept that purports to be about things consumers ignore and don’t rely on. It is in fact a concept about things courts ignore and won’t rule on.  At the moment, … Continue reading →

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Legal Applications of Marketing Theory, part 4

Posted on May 6, 2019 by rtushnet

Legal Applications of Marketing Theory, part 4 Steve Ansolbahahere & Jacob Gersen, Harvard University, Dept of Government & Harvard Law School, Consumer Confusion in the Law of Food (Are People Misled?) Pom Wonderful case: Pom Wonderful Pomegranate Blueberry 100% juice; … Continue reading →

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