Author Archives: rtushnet

How do you keep them in the library after they’ve seen Google?

Posted on December 4, 2014 by rtushnet

Oral argument in the latest and possibly last round of the longstanding Authors Guild v. Google case apparently went reasonably well for Google.  I was struck by Judge Chin’s statement that his clerks use Google Books to do cite checks.  … Continue reading →

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ABA Blawg 100: submitted for your consideration

Posted on December 3, 2014 by rtushnet

I’ve already mentioned my pleasure to be on the nominated list along with my coauthor Eric Goldman’s blog (under Tech for some reason).  Others well worth checking out in/around the advertising field include All About Advertising Law (Venable) and the … Continue reading →

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Falsity of political ad irrelevant to constitutionality of public entity’s rejection

Posted on December 3, 2014 by rtushnet

American Freedom Defense Initiative v. Southeastern Pennysylvania Transportation Authority, No. 2:14-5335 (E.D. Pa. Nov. 25, 2014) Plaintiffs sued SEPTA, arguing that it violated their First Amendment rights by refusing to post an ad on buses on the grounds that the … Continue reading →

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B&B v. Hargis: just one reaction

Posted on December 3, 2014 by rtushnet

When I read the SG’s brief advocating for preclusion as an ordinary result, I was concerned that there was limited understanding of what a registration/opposition proceeding actually is compared to an infringement case.  For example, the SG assumed that in … Continue reading →

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Lack of affirmative statement dooms Lanham Act claim

Posted on December 1, 2014 by rtushnet

FMC Corp. v. Summit Agro USA, LLC, 2014 WL 6627727,  No. 14–51 (D. Del. Nov. 14, 2014) (magistrate judge) FMC and Summit Argo compete in the herbicide market.  Herbicides are sold by manufacturers to distributors, thence to retailers, thence to … Continue reading →

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Disparagement to suppliers doesn’t trigger Lanham Act

Posted on December 1, 2014 by rtushnet

Neonatal Product Group, Inc. v. Shields, No. 13–CV–2601, 2014 WL 6685477 (D. Kan. Nov. 26, 2014) This is largely a patent case, in which defendants threatened Neonatal (dba Creche) with a lawsuit for patent infringement.  Creche sought a declaratory judgment … Continue reading →

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Garcia v. Google briefs

Posted on November 26, 2014 by rtushnet

Going up at the Ninth Circuit’s site.  The Organization for Transformative Works filed a brief arguing that the injunction wrongly circumvented the protections of CDA 230 and the DMCA, available here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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ABA Blawg 100

Posted on November 25, 2014 by rtushnet

Once again, I’m delighted to have been nominated, and I’d appreciate your vote, though there are many great contenders, including my co-author Eric Goldman (under Tech for some reason). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Transformative work of the day: Barbie the Computer Engineer

Posted on November 21, 2014 by rtushnet

Organization for Transformative Works volunteer Casey Fiesler explains in Slate. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reading list: Orly Lobel on employment law as IP law

Posted on November 21, 2014 by rtushnet

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property.  Abstract: Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific methods, and technological advances – … Continue reading →

Posted in antitrust, contracts, http://schemas.google.com/blogger/2008/kind#post, patent, reading list | Leave a comment