Author Archives: rtushnet

Amicus brief in Dryer v. NFL

Posted on March 19, 2015 by rtushnet

Mark McKenna and I drafted a law professors’ amicus in Dryer v. NFL, a right of publicity case now on appeal in the 8th Circuit. We argued for a strong First Amendment standard for non-advertising speech as well as for … Continue reading →

Posted in first amendment, http://schemas.google.com/blogger/2008/kind#post, my writings, preemption, right of publicity, trademark | Leave a comment

Pleading around Dastar?

Posted on March 19, 2015 by rtushnet

Kowalski v. Anova Food, LLC, 2014 WL 8105172, No. 11–00795 (D. Hawai’i Dec. 31, 2014)   Kowalski owns a patent entitled “Process For Manufacturing Tasteless Super–Purified Smoke For Treating Seafood To Be Frozen And Thawed.” He sued Anova for patent … Continue reading →

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"I’m not a regular Republican, I’m a cool Republican"

Posted on March 19, 2015 by rtushnet

House GOP attempts to explain its immigration policy in .gif form.  There’s probably an interesting gender analysis to be done here about the use of reaction .gifs of women making extremely expressive faces but not saying much.  HT Phil Schrag. Bonus … Continue reading →

Posted in copying, http://schemas.google.com/blogger/2008/kind#post, right of publicity | Leave a comment

How does the doctrine of foreign equivalents apply to scandalousness?

Posted on March 18, 2015 by rtushnet

Restaurant with questionable name opens in Arlington.  Unregistrable? HT Zach Schrag http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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court certifies 11 state classes in "All Natural" challenge

Posted on March 17, 2015 by rtushnet

In re ConAgra Foods, Inc., No. CV 11–05379, 2015 WL 1062756 (C.D. Cal. Feb. 23, 2015)   I’ve tried to limit discussion of many issues in this huge opinion (40,000 words without footnotes). Plaintiffs, consumers from eleven different states, alleged … Continue reading →

Posted in california, class actions, consumer protection, http://schemas.google.com/blogger/2008/kind#post, unfairness | Leave a comment

9th Circuit reverses preemption finding in consumer protection case

Posted on March 16, 2015 by rtushnet

Reid v. Johnson & Johnson, 2015 WL 1089583, No. 12–56726, — F.3d – (9th Cir. Mar. 13, 2015)   Reid sued defendants (here J&J) based on claims about Benecol, a vegetable oil-based spread sold as a healthy substitute for butter … Continue reading →

Posted in california, consumer protection, fda, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

Insurance misrepresentations could ground claims against Uber/Lyft

Posted on March 16, 2015 by rtushnet

Greater Houston Transportation Co. v. Uber Technologies, Inc., 2015 WL 1034254, No. 4:14–0941 (S.D. Tex. Mar. 10, 2015)   Taxi permit holders in Houston and San Antonio sued Uber and Lyft for tortious interference with business relations, unfair competition, and … Continue reading →

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It’s possible to violate the right of publicity intentionally but innocently

Posted on March 16, 2015 by rtushnet

Jordan v. Jewel Food Stores, Inc., No. 10-c-340 (N.D. Ill. Mar. 12, 2015)   Jewel took out a page in a commemorative issue of Sports Illustrated congratulating Michael Jordan on his 2009 induction into the Hall of Fame.  Time asked … Continue reading →

Posted in right of publicity | Leave a comment

Transformative work of the day, kaleidoscope edition

Posted on March 12, 2015 by rtushnet

Ad Roulette: match audio from one ad with video from another and see what develops. Bonus question: unfixed derivative work?  Or something else? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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New paper: response to Fishman’s Creating Around Copyright

Posted on March 11, 2015 by rtushnet

Joseph Fishman’s article Creating Around Copyright was just published in the Harvard Law Review. Abstract: It is generally understood that the copyright system constrains downstream creators by limiting their ability to use protected works in follow-on expression. Those who view … Continue reading →

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