Author Archives: rtushnet

challenge to Sirius XM’s (huge) junk fees survives

Posted on February 8, 2024 by rtushnet

Carovillano v. Sirius XM Radio Inc., 2024 WL 450040, No. 23 Civ. 4723 (PAE) (S.D.N.Y. Feb. 6, 2024) Among other things, this opinion features very effective use of images from this case and others! Plaintiffs alleged that Sirius XM promises … Continue reading →

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“recyclable” plausibly misleading where no recycling facilities accept the product

Posted on February 8, 2024 by rtushnet

Della v. Colgate-Palmolive Co., 2024 WL 457798, No. 23-cv-04086-JCS (N.D. Cal. Feb. 6, 2024) Della’s consumer protection claims turn on allegedly false labeling of toothpaste products as “recyclable” when, as alleged, recycling facilities that actually accept the used tubes are … Continue reading →

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Right of publicity question of the day, Taylor Swift edition

Posted on February 5, 2024 by rtushnet

Is this use of Swift-associated phrases transformative? And really, can you blame them?   from Blogger http://tushnet.blogspot.com/2024/02/right-of-publicity-question-of-day.html

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Transformative work of the day, Omelas edition

Posted on February 5, 2024 by rtushnet

Isabel J. Kim, Why Don’t We Just Kill the Kid in the Omelas Hole. Warning: far more depressing, in my view, than the original. from Blogger http://tushnet.blogspot.com/2024/02/transformative-work-of-day-omelas.html

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WIPIP session 7: Design Law

Posted on February 4, 2024 by rtushnet

Rachael Dickson, Administrative Discrimination? At the Trademark Office [I feel like there’s a Panic! At the Disco joke to be made here.] ID manual: a searchable database of acceptable IDs of goods/services, regularly updated and changed to adapt; you can … Continue reading →

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WIPIP session 6: IP Theory

Posted on February 3, 2024 by rtushnet

Andrew Gilden, Talking Pleasure in IP Courts and advocates are skeptical of value of pleasure; when they want to honor it, they reframe it as something else, like social justice. Joy of producing/consuming can be important motivation for activities, though, … Continue reading →

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WIPIP session 5: Anti-Circumvention

Posted on February 3, 2024 by rtushnet

Charles Duan, Property v. Property 1201 met connected devices—computers are everywhere. Allowed producers to control coffee machines by putting software in them; can prevent use, resale, using unsupported coffee. Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, … Continue reading →

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WIPIP session 4: ™ & Consumers

Posted on February 3, 2024 by rtushnet

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? Assumption dates back to at least the 1930s that consumers exercise less care for inexpensive grocery items and … Continue reading →

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WIPIP session 3: Cultural Production

Posted on February 3, 2024 by rtushnet

Bita Amani: Forbidden Arts & Subjugated Knowledges: On the Polemics of Intellectual Property  IP rights are state-dependent, property-dependent models so make false promises of equality. History of art as propaganda: art can support war or speak truth to power. Iran … Continue reading →

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WIPIP session 2: ™ Doctrine, © Fair Use

Posted on February 2, 2024 by rtushnet

Barbara Lauriat, Borrowing Goodwill Comparative/historical approach to doctrine/theory. There used to be a big difference between having a TM and passing off. Bone/McKenna’s history of goodwill: didn’t reflect her understanding of the history: seen goodwill used as a property right … Continue reading →

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