Author Archives: rtushnet

British villains, by which we mean Marvel’s Loki etc.

Posted on February 21, 2014 by rtushnet

So what are the trademark implications of the Jaguar ads starring three British actors who tout their credentials as film villains?  Any copyright implications, since they’re evoking some of their characters?  The disclaimers don’t say a word about the franchises … Continue reading →

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

FTC wins big in case against light bulb sellers

Posted on February 20, 2014 by rtushnet

The FTC’s Business Center Blog has the details, which include a $21 million refund order representing the gross revenues from the advertised products, with no offsets for the benefit consumers actually received.  A very strong opinion for the FTC, requiring … Continue reading →

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Image advertising is commercial speech

Posted on February 20, 2014 by rtushnet

Jordan v. Jewel Food Stores, Inc. — F.3d —-, 2014 WL 627603 (7th Cir. Feb. 19) When a commemorative magazine issue celebrating Michael Jordan’s career carries ads referencing that career, how should right of publicity and Lanham Act claims, and … Continue reading →

Posted in commercial speech, first amendment, right of publicity, trademark | Leave a comment

Lanham Act 43(a) and Rule 9(b)

Posted on February 18, 2014 by rtushnet

SKEDKO, Inc. v. ARC Products, LLC, 2014 WL 585379, No. 3:13–cv–00696 (D. Ore. Feb. 13, 2014) Short opinion finding that Rule 9(b) applies to Lanham Act false advertising claims (here, counterclaims), because they sound in fraud.  Fraud might not be … Continue reading →

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

retail purchases mean class isn’t ascertainable

Posted on February 18, 2014 by rtushnet

Sethavanish v. ZonePerfect Nutrition Co., 2014 WL 580696, No. 12-2907 (N.D. Cal. Feb. 13, 2014) Another case finding that, because the product is cheap and people don’t keep purchase records, and because somebody might lie to get a piece of … Continue reading →

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

Connecticut lawyer can’t bring unfair competition claim against California lawyer

Posted on February 18, 2014 by rtushnet

Shehu, LLC v. Adams, 2014 WL 567832, CV136017710S (Conn. Super. Ct. Jan. 17, 2014) Plaintiffs (a Connecticut lawyer and his firm) sued Adams and his firm, both located in California.  In 2012, Adams emailed Shehu, LLC and two employees of … Continue reading →

Posted in consumer protection, standing, unfairness | Leave a comment

HLR Free Speech Symposium: Jack Balkin, Old School/New School Speech Regulation

Posted on February 18, 2014 by rtushnet

Speech presupposes an infrastructure. Sometimes obvious, sometimes not.  NYT isn’t simply the print on the page, it’s a staff and a building and printers and printers’ unions and delivery trucks and ad agencies and all the infrastructure that allows that … Continue reading →

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HLR Free Speech Symposium: Rebecca Tushnet, More than a Feeling: Emotion and the First Amendment

Posted on February 17, 2014 by rtushnet

My paper versus the other topics: One of these things is not like the others.  Regulation of non-press entities is also an important part of modern speech regulation, and I do think my topic is grounded in Sullivan, although not … Continue reading →

Posted in dilution, disclosures, first amendment, http://schemas.google.com/blogger/2008/kind#post, presentations, trademark | Leave a comment

HLR Free Speech Symposium: Marvin Ammori, Free Speech Lawyering in the Age of Google and Twitter

Posted on February 17, 2014 by rtushnet

Ben Lee, as a second year, interned at the firm that represented the NYT in NYT v. Sullivan. Now a lawyer for Twitter: 50 years from now when we think of the major episodes in free expression law, we’ll remember … Continue reading →

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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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