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Author Archives: rtushnet
Exposure to false advertising doesn’t create Article III standing
Truthinadvertisingenforcers.com v. Dish Network, LLC, No. 8:16–cv–2366, 2016 WL 7230955 (M.D. Fla. Dec. 14, 2016) Pro se plaintiff TruthInAdvertisingEnforcers.com is a website solely owned by Gerald Collette, who received the advertisements at issue at his residence. Defendants include five internet … Continue reading
When does a false advertising case create a right to a jury trial?
Ferring Pharmaceuticals, Inc. v. Braintree Laboratories, Inc., — F.Supp.3d —-, 2016 WL 7223279, No. 13–12553 (D. Mass. Dec. 13, 2016) The parties compete for the market in products used for bowel preparation before colonoscopies, and each alleged that the other … Continue reading
Business betrayal isn’t false advertising, could be TM infringement
Kische USA LLC v. Simsek, 2016 WL 7212534, No. C16-0168JLR (W.D. Wash. Dec. 13, 2016) Kische alleged that former employees—Mr. Simsek and Ms. Walker—abused their positions to misappropriate Kische’s assets and found JD Stellar, a competing business. Kische accused Costanza, … Continue reading
Announcing the Open Source Property Casebook
Straight from Jeremy Sheff: On behalf of myself and my co-authors (Steve Clowney, James Grimmelmann, Mike Grynberg, and Rebecca Tushnet), I am pleased to announce the immediate availability of Open-Source Property, a completely free casebook for the 1L Property Law course. We would like to ask … Continue reading
Reading list: why search engines shouldn’t implement the right to be forgotten
Note structural similarity to arguments about copyright takedown notices. Stuart Hargreaves, The Trouble with Using Search Engines as the Primary Vector of Exercising the Right to Be Forgotten, [2016] 19 Pandora’s Box 83-106 Abstract: European privacy law currently implements the … Continue reading
NYIPLA IP writing competition
For current law students. $1500/$1000 awards for the winners. Deadline March 3, 2017. Details here. from Blogger http://ift.tt/2gRb2F6
Trademark questions of the day, pictorial edition
Some photos I found in my end-of-year cleanup: wine caddy in form of black shoe with red sole: infringement or dilution? petco label, “because I’m worth it” from Blogger http://ift.tt/2hp733z
Copyright question of the day, Colting edition
Frederik Colting and his partner have a new line of books, KinderGuides, which are children’s versions of classics like On the Road and Breakfast at Tiffany’s. Fair use? from Blogger http://ift.tt/2hfm0VJ
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Tagged Colting edition copyright, Copyright question of the day
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Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands
Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims. Thus, they have imposed … Continue reading
Fifth Circuit reverses multimillion-dollar antitrust verdict based on false advertising, remands
Retractable Technologies, Inc. v. Becton Dickinson & Co., No. 14-41384, 2016 WL 7046601, — F.3d – (5th Cir. Dec. 2, 2016) Regardless of the merits, courts don’t want plaintiffs bringing false advertising claims as antitrust claims. Thus, they have imposed … Continue reading
