Author Archives: rtushnet

Violence and African-American patenting

Posted on March 3, 2014 by rtushnet

Lisa D. Cook, Violence and Economic Activity: Evidence from African American Patents, 1870 to 1940.  How do inventors respond to evidence that the government isn’t interested in helping them?  Abstract: Recent studies have examined the effect of political conflict and … Continue reading →

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false comparative ads lead to profit disgorgement

Posted on March 3, 2014 by rtushnet

General Steel Domestic Sales, LLC v. Chumley, No. 10–cv–01398, 2014 WL 788015 (D. Colo. Feb. 27, 2014) The Rule 59(e) motion to amend judgment in this false advertising case was denied for want of clear error. The parties, General Steel … Continue reading →

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Trademark Scholars’ Roundtable part 3

Posted on March 1, 2014 by rtushnet

Session 3: Comparing The Two Dimensions Discussant:  Mark McKenna Why is it difficult to stick to product/geographic markets as a topic? Both dimensions have consumer-facing concerns (how will consumers actually understand the uses in different markets) and other considerations (practical … Continue reading →

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Trademark Scholars Roundtable, part 2

Posted on February 28, 2014 by rtushnet

Session 2: The Product Market Dimension Robert Burrell: why do we treat territorial and product markets so differently? In the UK there was never any Q that nationwide protection was going to be the result of registration.  Always understood to … Continue reading →

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Trademark Scholars Roundtable

Posted on February 28, 2014 by rtushnet

Sixth Trademark Scholars Roundtable: The Territorial and Product Market Dimensions of Trademark Law, UT Austin Session 1: The Territorial/Geographic Market Dimension Graeme Dinwoodie: territoriality is becoming more important in reconciling local and global markets. Lionel Bently: Geographic localism used to … Continue reading →

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Trump U: puffery defense rejected and class certification granted in 2 cases

Posted on February 28, 2014 by rtushnet

Cohen v. Trump, 2014 WL 690513, No. 13–cv–2519 (S.D. Cal. Feb. 21, 2014) Cohen brought a putative class action against Donald Trump based on Trump’s involvement with “Trump University.”  Allegedly drawn in by Defendant’s name and reputation, Cohen attended a … Continue reading →

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

FTC wins big against diabetes treatment claims

Posted on February 27, 2014 by rtushnet

Federal Trade Commission v. Wellness Support Network, Inc., 2014 WL 644749, No. 10–cv–04879 (N.D. Cal. Feb. 19, 2014) (magistrate judge) The FTC sued Wellness and its principals Robert Held and Robyn Held for false advertising and deceptive practices in the … Continue reading →

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How Many Wrongs Make a Copyright?

Posted on February 27, 2014 by rtushnet

This has tangential relevance to the Innocence of Muslims case (of which more soon).  I’ve written more directly about that case at the district court level, but this forthcoming publication deals with the idea of providing more protection to victims of … Continue reading →

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Deciding substantial similarity on a motion to dismiss

Posted on February 26, 2014 by rtushnet

Klauber Bros., Inc. v. Bon-Ton Stores, Inc., 2014 WL 657953, No. 13–1672 (2d Cir. Feb. 21, 2014) Klauber appealed from the dismissal of its copyright claim against Bon-Ton.  It argued that the district court erred in finding no substantial similarity … Continue reading →

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Horror retellings of children’s classics

Posted on February 25, 2014 by rtushnet

Transformative works of the day: horrific retellings of children’s classics.  Are You My Mother? (a chilling story of self-delusion and parental feeling gone wrong);  If You Give a Mouse a Cookie (“He’s going to ask for a glass of milk/and … Continue reading →

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