Author Archives: rtushnet

(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 →

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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 →

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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 →

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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 →

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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 →

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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 →

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CFPB hiring

Posted on October 26, 2023 by rtushnet

 Of possible interest; excerpts: The Consumer Financial Protection Bureau is recruiting attorneys and non-attorneys at all experience levels to join our Enforcement team.… We are offering opportunities in multiple enforcement positions in our Washington, D.C. headquarters and in our regional offices … Continue reading →

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Old Bay or 420 Bud?

Posted on October 24, 2023 by rtushnet

 This sticker doesn’t seem particularly likely to confuse to me, and dilution is bunk: from Blogger http://tushnet.blogspot.com/2023/10/old-bay-or-420-bud.html

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TM co-owner can’t challenge uses authorized by other co-owners (bonus Lexmark reasoning)

Posted on October 24, 2023 by rtushnet

Reed v. Marshall, 2023 WL 6963661, No. H-21-3942 (S.D. Tex. Oct. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. … Continue reading →

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New Jot on Article 17

Posted on October 23, 2023 by rtushnet

 I review an interesting article here. from Blogger http://tushnet.blogspot.com/2023/10/new-jot-on-article-17.html

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