Author Archives: rtushnet

False claims of “original” status don’t support public interest in disseminating art for anti-SLAPP purposes

Posted on January 8, 2019 by rtushnet

Coker v. Sassone, — P.3d —-, 2019 WL 117467, 135 Nev. Adv. Op. 2, No. 73863 (Jan. 3, 2019) In the course of interpreting the Nevada anti-SLAPP law, the Nevada Supreme Court says some things about the relationship between counterfeits … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Announcing the Fourth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Posted on January 7, 2019 by rtushnet

Eric Goldman has all the details here.  Preview:  It is available for purchase in the following formats: * A DRM-free PDF file. Price: $12* A DRM-free ePub file for mobile devices. Price: $12* In Kindle. Price: $9.99* A print-on-demand book from Amazon. Because of … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)

Posted on January 4, 2019 by rtushnet

Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading →

Posted in Uncategorized | Tagged , , , , , , , , | Leave a comment

Y/S/H Junior Faculty Forum, June 5-6 2019 Request for Submissions (including IP)

Posted on January 4, 2019 by rtushnet

Yale/Stanford/Harvard Junior Faculty Forum June 5-6, 2019, Yale Law School Yale, Stanford, and Harvard Law Schools announce the 20th session of the Junior Faculty Forum to be held at Yale Law School on June 5-6, 2019. The Forum’s objective is … Continue reading →

Posted in Uncategorized | Tagged , , , , , , , , | Leave a comment

Parody as evidence of fame?

Posted on January 1, 2019 by rtushnet

I was skeptical about the idea that the National Geographic golden frame was recognizable as a mark on its own, but parodic use (in conjunction with “society,” so not entirely on its own) seems to me to be evidence to … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Actual confusion provides evidence of irreparable harm

Posted on December 27, 2018 by rtushnet

Home Comfort Heating and Air Conditioning, Inc. v. Ken Starr, Inc., 2018 WL 3816745, No. 18-cv-00469-JLS-DFM (C.D. Cal. Jul. 24, 2018) Home Comfort Heating & Air Conditioning provides HVAC services in Los Angeles County and the surrounding area; it asserted … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

Almond milk name isn’t deceptive to reasonable consumers

Posted on December 27, 2018 by rtushnet

Painter v. Blue Diamond Growers, No. 17-55901, 2018 WL 6720560, — Fed.Appx. —- (9th Cir. Dec. 20, 2018) Painter alleged that Blue Diamond mislabeled its almond beverages as “almond milk” when they should be labeled “imitation milk” because they substitute … Continue reading →

Posted in Uncategorized | Tagged , , , , | Leave a comment

Court sanctions plaintiffs for inaccurate images of product labels in complaint

Posted on December 27, 2018 by rtushnet

Hunt v. Sunny Delight Beverages Co., No. 18-cv-00557-JLS-DFM, 2018 WL 6786265 (C.D. Cal. Dec. 18, 2018) Some Sunny Delight beverages bear names derived from fruits, such as “Orange Strawberry,” “Orange Pineapple,” “Strawberry Guava,” and “Watermelon,” while others are less fruity, … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

9th Circuit easily rejects In re GNC’s “all scientists must agree” standard for falsity

Posted on December 27, 2018 by rtushnet

Sonner v. Schwabe North America, Inc., — F.3d —-, No. 17-55261, 2018 WL 6786616 (9th Cir. Dec. 26, 2018) Happy holidays to me! Sonner sued the sellers of two Ginkgold nutritional supplements for violations of the UCL and CLRA and … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment

Amicus Brief of Scholars of Corpus Linguistics in Rimini Street v. Oracle

Posted on December 22, 2018 by rtushnet

Just found this use of linguistics super interesting. Abstract: The question presented in Rimini Street v. Oracle is whether the Copyright Act’s allowance of “full costs” is limited to the categories and amounts of costs enumerated in 28 U.S.C. 1920 … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment