Author Archives: rtushnet

I was on Hard Fork to talk copyright and AI

Posted on November 15, 2023 by rtushnet

 Here’s an RSS feed and a Spotify link. from Blogger http://tushnet.blogspot.com/2023/11/i-was-on-hard-fork-to-talk-copyright.html

Posted in Uncategorized | Tagged | 1 Comment

Nominative fair use: when a logo is not too much

Posted on November 15, 2023 by rtushnet

It may well be true that nominative fair use often entails just using a word, not a logo, but courts occasionally recognize that there are situations where the logo/trade dress is actually an important means of communicating and should still … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

when can pharma experts testify about compliance with the FDCA? (also some survey stuff)

Posted on November 13, 2023 by rtushnet

ImprimisRX, LLC v. OSRX, Inc., 2023 WL 7390842, No. 21-cv-01305-BAS-DDL (S.D. Cal. Nov. 8, 2023) Imprimis sued defendants, competitors in the compounding pharmacy industry, for false advertising, trademark and copyright infringement, and related claims. It alleged that defendants falsely advertised … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

alleged Haitian corruption doesn’t make collection of “foreign taxes” misleading or material

Posted on November 13, 2023 by rtushnet

Celestin v. Martelly, — F.Supp.3d —-, 2023 WL 6385 (E.D.N.Y. 2023) Plaintiffs alleged Martelly, the then-President-elect of Haiti, devised a “wide-ranging scheme” to impose fees and fix prices on money transfers, food remittances, and international calls made to and from … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

(c) infringement and false advertising claims against addiction treatment competitor survive, in part

Posted on November 9, 2023 by rtushnet

New Directions Program v. Sierra Health & Wellness Centers LLC, 2023 WL 7284797, No. 2:22-cv-01090-DAD-JDP (E.D. Cal. Nov. 1, 2023) Plaintiff Gust is the “principal and owner” of plaintiff New Directions and “has been an expert in the field of … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

Posted in Uncategorized | Tagged , , , , , , | Leave a comment

Timeshare developer wins disgorgement against timeshare exit marketers despite unclean hands

Posted on November 6, 2023 by rtushnet

Bluegreen Vacations Unlimited, Inc. v. Timeshare Lawyers P.A., 2023 WL 7109914, No. 20-24681-Civ-Scola (S.D. Fla. Oct. 27, 2023) Intro: In this trial, the Court has learned that tens of thousands of timeshare owners have been victimized twice: first by the … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Second Circuit finds false advertising claim against “reef safe” plausible

Posted on November 6, 2023 by rtushnet

Richardson v. Edgewell Personal Care, LLC, 2023 WL 713094, No. 23-128 (2d Cir. Oct. 30, 2023) Richardson brought NYGBL claims against Edgewell’s “Reef Friendly*” and “*No Oxybenzone or Octinoxate”/“*Hawaii Compliant: No Oxybenzone or Octinoxate” sunscreens, alleging that the products contain … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

What’s next after Elster?

Posted on November 3, 2023 by rtushnet

UNH symposium: Section Two Small Panel III – What’s Next? Moderated by Peter Karol, UNH Franklin Pierce School of Law RT: Organized my remarks in response to the oral arguments in Elster, hopefully not too repetitive. Strong job by gov’t … Continue reading →

Posted in Uncategorized | Tagged , , | 2 Comments

New comment on a paper about YouTube and music

Posted on October 27, 2023 by rtushnet

 Here. Abstract This useful article about the effects of music on YouTube on consumption of the same music elsewhere should be understood for what it is: An empirical investigation of YouTube’s effects. It allows no conclusions about “safe harbors” both … Continue reading →

Posted in Uncategorized | Tagged , , , | Leave a comment