Author Archives: rtushnet

IPSC Breakout Session #3: Distributive Effects/Art and Music

Posted on August 3, 2023 by rtushnet

Bita Amani, Some More Equal Than Others: Critical Contexts for the (False) Promises of Intellectual Property Rights        IP and sustainable development goals: What is equality itself? Often formal equality is presented in the pretext of equal application … Continue reading →

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IPSC Breakout Session #2: mostly copyright and then marijuana innovation

Posted on August 3, 2023 by rtushnet

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors … Continue reading →

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IPSC Breakout Session #1

Posted on August 3, 2023 by rtushnet

Too much to choose from; I prioritized things that were new to me. Mark Bartholomew, A Right to Be Left Dead If we can create new works in a dead author’s style after they’re gone and create conversations with them … Continue reading →

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IPSC Opening Plenary Session

Posted on August 3, 2023 by rtushnet

 Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Non expressive uses: … Continue reading →

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poop bag seller’s “compostable” claims are plausibly … false

Posted on August 1, 2023 by rtushnet

Natale v. 9199-4467 Quebec Inc., 2023 WL 4850531, No. 21-CV-6775 (JS)(SIL) (E.D.N.Y. Jul. 28, 2023) Many lawsuits against “recyclable” claims have been dismissed, but not this “compostable” one. Defendant sells “Earth Rated Certified Compostable Poop Bags.” “On the packaging [of] … Continue reading →

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allowing free “For Sale By Owner” ads doesn’t imply no agents will be involved

Posted on August 1, 2023 by rtushnet

Picket Fence Preview, Inc. v. Zillow, Inc., 2023 WL 4852971, No. 22-2066-cv (2d Cir. Jul. 31, 2023) District court opinion discussed (second) here.  The district court dismissed Picket Fence’s false advertising/unfair competition claims against Zillow under the Vermont Consumer Protection … Continue reading →

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WaPo on gold advertising and right-wing media

Posted on July 25, 2023 by rtushnet

 I’m quoted in the story. from Blogger http://tushnet.blogspot.com/2023/07/wapo-on-gold-advertising-and-right-wing.html

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Defendant’s belief its ads were effective is evidence of injury

Posted on July 24, 2023 by rtushnet

Sandoz Inc. v. Amgen Inc., 2023 WL 4681569, No. 2:22-cv-05326-RGK-MARx (C.D. Cal. Jun. 29, 2023) Sandoz brought state and federal false advertising claims against Amgen for its advertising of Neulasta, a pegfilgrastim injection used to treat the immunity-reducing side effects … Continue reading →

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Former distributor’s continuing use of “authorized distributor” leads to TM and false advertising claims

Posted on July 21, 2023 by rtushnet

Axon Enterprise, Inc. v. Luxury Home Buyers, LLC, No. 2:20-cv-01344-JAD-VCF, |2023 WL 4636917 (D. Nev. Jul. 19, 2023) In what seems likely a missed opportunity due to insufficient investment in the defense, the court grants summary judgment against an argument … Continue reading →

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over aggressive partial dissent, 11th Cir. allows some class claims against Ford “track ready” claims to proceed

Posted on July 20, 2023 by rtushnet

Tershakovec v. Ford Motor Company, Inc., — F.4th —-, 2023 WL 4377585, No. 22-10575 (11th Cir. Jul. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But some Shelby models weren’t equipped for … Continue reading →

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