Author Archives: rtushnet

HLR Symposium, Panel 2: Sonja R. West, Press Exceptionalism

Posted on February 17, 2014 by rtushnet

Right now reporters have no special protections against trespass, breach of duty of loyalty, having their newsrooms searched, etc.  Journalists who receive leaks can be treated as criminals under some circumstances. No special right of access to places/meetings: if we … Continue reading →

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HLR symposium on freedom of the press: Mark Tushnet & Susan Crawford

Posted on February 17, 2014 by rtushnet

Harvard Law Review Symposium 2014: Freedom of the Press Introduction: Mark Tushnet, Reflections on the First Amendment and the Information Economy Symposium papers provide an opportunity to speculate about 1A issues in modern information economy, which is different from the … Continue reading →

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Neither EPA nor FTC preempt fuel economy consumer protection claim

Posted on February 13, 2014 by rtushnet

Gilles v. Ford Motor Co. — F.Supp.2d —-, 2014 WL 544990 (D.Colo. Feb. 12, 2014) Gilles sued Ford for falsely advertising the gas mileage of his 2013 Ford Escape SE. The court denied a motion to dismiss on preemption grounds. … Continue reading →

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Trademark licensor must be joined even when plaintiff is exclusive licensee

Posted on February 13, 2014 by rtushnet

Aceto Corporation v. TherapeuticsMD, Inc., 953 F. Supp. 2d 1269 (S.D. Fla. 2013) Aceto sells various pharmaceutical/nutritional ingredients and other chemicals.  Defendants allegedly make and sell a line of prenatal vitamins, Prena1, that violate Aceto’s exclusive US rights to a … Continue reading →

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gay conversion therapy as false advertising

Posted on February 13, 2014 by rtushnet

Story via Salon.  As repugnant as I find these outfits, this might be a new frontier in identifying false/falsifiable claims. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Australian reform commission recommends fair use

Posted on February 13, 2014 by rtushnet

Report here (pdf).  Discusses the three-step test, moral rights, and the superiority of fair use to revised fair dealing.  Of note: one reason to adopt fair use is that it provides greater protection for “musical compositions, new films, art works … Continue reading →

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lawsuit against "humane environment" claims for chicken

Posted on February 13, 2014 by rtushnet

Suit accuses Kroger of deception in how chicken were raised. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

EFF Seeks Midlevel or Senior IP Attorney

Posted on February 11, 2014 by rtushnet

See the posting here. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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WIPIP: IP theory

Posted on February 9, 2014 by rtushnet

Session 4: IP Theory, Parlor B Annemarie Bridy, Internet Payment Blockades Wikileaks: State Department publicly accused Wikileaks of violating US law; payment systems were suspended—PayPal, Visa, Mastercard.  Wikileaks ran through cash reserves in less than a year and suspended publication.  … Continue reading →

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

WIPIP: copyright doctrine

Posted on February 8, 2014 by rtushnet

Session 3: Copyright Doctrine Patrick Goold , UC Berkeley School of Law (fellow) Is Liability for Copyright Infringement Strict? Strict liability is conduct plus outcome.  Fault-based is conduct, outcome, and fault. Fault can be based on the standard of conduct … Continue reading →

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