Author Archives: rtushnet

Notre Dame Roundtable on Drassinower, Part 4

Posted on October 2, 2015 by rtushnet

Session IV – Subject Matter and Limitations   •           Rebecca Tushnet   Drassinower defines trademark as the right to completely control the meaning of a mark as applied to a good or service: radically unidirectional, like a one-way traffic sign, … Continue reading →

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Notre Dame Roundtable on Drassinower, Parts 2 & 3

Posted on October 2, 2015 by rtushnet

Session II – The Work as Dialogue   •           Mike Madison   An element in the book: The “work” is a Macguffin.  The the thing that holds our attention/draws the narrative together while not necessarily having meaning in and of … Continue reading →

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Notre Dame Roundtable on Drassinower, part 1

Posted on October 2, 2015 by rtushnet

Notre Dame Roundtable, What’s Wrong with Copying? (Abraham Drassinower’s book) Sponsored by the Program on Law and Market Behavior   8:40 a.m.-­‐10:15 a.m. Session I – Methodology and Implications   •           Mark Rose Historical approach: rights to manuscript or to … Continue reading →

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competition no longer required for Lanham Act “commercial advertising or promotion”

Posted on October 2, 2015 by rtushnet

Healthnow New York Inc. v. Catholic Health System, Inc., 2015 WL 5673123, No. 14–CV–986S (W.D.N.Y. Sept. 25, 2015)   Healthnow, aka Blue Cross and Blue Shield of Western New York (BCBS), sued Catholic Health for violations of the Lanham Act … Continue reading →

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Don’t send misappropriation to do copyright’s job

Posted on October 1, 2015 by rtushnet

Alaskasland.com, LLC v. Cross, No. S­15270 (Alaska Sept. 25, 2015)   A realtor group listed property adjacent to a neighboring subdivision, Susitna Shores, using three photos taken from the subdivision’s marketing materials, including one showing the subdivision’s stylized entrance sign.  … Continue reading →

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Shoulda left my phone at home: court upholds most mandatory disclosure of radiation risks

Posted on October 1, 2015 by rtushnet

CTIA – The Wireless Association v. City of Berkeley, No. C-15-2529 (N.D. Cal. Sept. 21, 2015)   CTIA is a nonprofit that represents the wireless industry, including cell phone retailers.  Berkeley enacted an ordinance that requires cell phone retailers to … Continue reading →

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Right of publicity question of the day, pop music edition

Posted on October 1, 2015 by rtushnet

I present to you Justin Blabaer beer.  (Blabaer = blueberry.) Is this truly the only cure for “Blabaer fever”?  Will it truly make you shout, “Oh, Baby!”?  So many questions. from Blogger http://ift.tt/1KTXD6X

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Right of publicity question of the day

Posted on September 30, 2015 by rtushnet

Does the mention of Lin-Manuel Miranda and his amazing, go-listen-to-it-right-now musical Hamilton, in this sponsored post at the Toast violate his right of publicity? from Blogger http://ift.tt/1KRQSl4

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Silicon Valley darling uses negative option offers, attracts criticism

Posted on September 29, 2015 by rtushnet

This Buzzfeed story suggests that JustFab, which received a billion-dollar valuation, has the same problems as previous FTC-targeted companies started by its founders. from Blogger http://ift.tt/1FBJ7E6

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seeds of disaster: Syngenta must continue to fight claims based on genetically altered seeds

Posted on September 28, 2015 by rtushnet

In re Syngenta AG MIR 162 Corn Litig., Nos. MDL 2591, 14–MD–2591–JWL, 2015 WL 5607600 (D. Kan. Sept. 11, 2015)   Corn producers, non-producer corn sellers, and milo producers sued Syngenta because of its production of genetically altered corn, which … Continue reading →

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