Author Archives: rtushnet

Roundtable on Jessica Silbey’s The Eureka Myth

Posted on November 7, 2014 by rtushnet

Roundtable on Jessica Silbey’s The Eureka Myth: Creators, Innovators, and Everyday Intellectual Property University of Notre Dame Law School [I was very sorry that I arrived late due to a missed connection the previous night] Second Session: Distribution Models and … Continue reading →

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

stricter California rule on Made in USA claims not preempted

Posted on November 7, 2014 by rtushnet

Paz v. AG Adriano Goldschmeid, Inc., No. 14cv1372, 2014 WL 5561024 (S.D. Cal. Oct. 27, 2014) Paz sued AG, alleging that its “The Protégé” brand jeans were misleadingly marked with a “Made in the U.S.A.” label; he allegedly relied on … Continue reading →

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

Deadmau5 vs. Disney

Posted on November 5, 2014 by rtushnet

I talk to American Public Media’s Stan Alcorn. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in trademark | Leave a comment

Photoshopping competitor’s product as one’s own could be false advertising

Posted on November 5, 2014 by rtushnet

Meggitt (Orange County), Inc. v. Nie, 2014 WL 5528546, No. SACV 13–0239 (C.D. Cal. Nov. 3, 2014) Note: the caption lists the defendant as Nie Yongzhong, and I’m following the rule that Chinese family names go first since he appears … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, procedure | Leave a comment

unauthorized photo use doesn’t create false advertising claim for photo owners

Posted on November 5, 2014 by rtushnet

Avalos v. IAC/Interactive Corp., No. 13-CV-8351 (S.D.N.Y. Oct. 30, 2014) Meltech, a web design and modeling company, sued defendants for allegedly unauthorized use of photos of models in fake online dating profiles on dating sites (e.g., Match.com, Chemistry.com, and OkCupid.com).  … Continue reading →

Posted in copyright, dastar, http://schemas.google.com/blogger/2008/kind#post, preemption, right of publicity, standing, trademark | Leave a comment

Reading list: irrationally sticky defaults

Posted on November 4, 2014 by rtushnet

Robert Letzler, Ryan Sandler, Ania Jaroszewicz, Isaac Knowles, and Luke M. Olson, Knowing When to Quit: Default Choices, Demographics and Fraud, Oct. 8, 2014 Abstract: A long literature in psychology and economics has shown that default options influence consumer choices, … Continue reading →

Posted in consumer protection, disclosures, ftc, reading list | Leave a comment

Time to make the DMCA exemptions

Posted on November 4, 2014 by rtushnet

Requests will be collected here as the day continues.  The EFF and the OTW jointly requested a remix exemption for DVD,  Blu-Ray, and streaming video. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in Uncategorized | Leave a comment

Why do competitors get to challenge claims that consumers don’t?

Posted on November 3, 2014 by rtushnet

I have a political economy explanation for this, but I don’t think that’s good enough.  Challenging a “tests prove” claim—explicit or implicit—in Lanham Act cases means showing that the tests don’t prove the proposition for which they are cited.  This … Continue reading →

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

Might of publicity?

Posted on November 3, 2014 by rtushnet

Using Michelle Obama’s arms to sell training services: Want Michelle Obama’s Arms? Or Better?! training flyer H/T and photo by Zach Schrag. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in right of publicity | Leave a comment

"we can do anything" ToS might be unconscionable, providing remedy for loss of music

Posted on November 3, 2014 by rtushnet

MacKinnon v. IMVU, Inc., No. H039236  (Cal. Ct. App. Oct. 30, 2014) MacKinnon sued IMVU, which runs an entertainment service, the “instant messaging virtual universe,” alleging that IMVU deceived users about music purchases and wrongfully restricted users’ ability to play … Continue reading →

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