Author Archives: rtushnet

Lamborghini going to pot?

Posted on November 21, 2014 by rtushnet

If “anything can signify anything,” is this equation of a pot with a Lamborghini nominative fair use?  (It’s just an object. It doesn’t mean what you think.) Anything can signify anything billboard, Washington DC Photo by Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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organic cosmetics class certified

Posted on November 20, 2014 by rtushnet

Brown v. Hain Celestial Group, Inc., No. C 11-03082, 2014 WL 6306581 (N.D. Cal. Nov. 14, 2014) Hain has staved off class actions several times, but not here: the court certified a class of purchasers of Avalon Organics and Jason … Continue reading →

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Koch and wine: punitive damages for wine fraud reduced but allowed

Posted on November 17, 2014 by rtushnet

Koch v. Greenberg, 14 F. Supp. 3d 247 (S.D.N.Y. 2014) There’s probably a good magazine article or two in this story.  William Koch, the “litigious younger brother” of Charles and David, bought over 2600 bottles of rare French wine consigned … Continue reading →

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NPR story on apple varieties and TM as substitute for patent

Posted on November 14, 2014 by rtushnet

The story suggests that control over new varieties could last forever, instead of expiring as previous patents on new varities have, because the varieties are “trademarked.” Query: if the public knows the apple as SweeTango, why isn’t that word the … Continue reading →

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bills, applications and manuals can be commercial speech

Posted on November 12, 2014 by rtushnet

Heartland Payment Systems, Inc. v. Mercury Payment Systems, LLC, 2014 WL 5812294, No. C 14–0437 (N.D. Cal. Nov. 7, 2014) Heartland and Mercury compete to provide electronic payment processing to small and medium-sized merchants through point of sale (POS) systems, … Continue reading →

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Prior class settlement precludes state from seeking restitution for false advertising

Posted on November 10, 2014 by rtushnet

California v. IntelliGender, LLC, — F.3d —, No. 13–56806, 2014 WL 5786718 (9th Cir. Nov. 7, 2014) The 9th Circuit held that a CAFA-compliant settlement precluded the People of the State of California, acting through their representatives (here San Diego’s … Continue reading →

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lack of substantiation versus falsity

Posted on November 10, 2014 by rtushnet

In re Bayer Phillips Colon Health Probiotic Sales Practices Litig., No. 11–3017, 2014 WL 5776153 (D.N.J. Nov. 6, 2014) This is another case where Bayer argued that the plaintiff’s claims were merely based on “lack of substantiation” for Bayer’s scientific … Continue reading →

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Guest post: Peter DiCola’s notes from Notre Dame roundtable on The Eureka Myth

Posted on November 10, 2014 by rtushnet

Jessica Silbey’s _The Eureka Myth_ Book Roundtable at Notre Dame November 7th, 2014 Notes from Peter DiCola *Panel #1* 1) David Schwartz — Praise for the book — Will raise a few methodological issues — Issue of representativeness of the … Continue reading →

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The Eureka Myth: Reputation

Posted on November 7, 2014 by rtushnet

Fourth Session: Reputation and Policy Take-Aways Abraham Drassinower: what does thinking about misalignment tell us how to think about IP?  Move from debunking eureka myth to debunking the myth of progress.  Misalignment of IP with its own justifications, needs of … Continue reading →

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Eureka Myth roundtable: Communities and Creativity

Posted on November 7, 2014 by rtushnet

Third Session: Communities and Creativity Rebecca Tushnet: Silbey’s choice of subjects are those who are the targets of IP law: inventors, artists, various types of intermediary facilitators like lawyers.  They are very important.  (Unsurprisingly, they are not utility monsters, such … Continue reading →

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