Author Archives: rtushnet

Two teaching events: teaching first-generation students and developing professionalism in students

Posted on March 1, 2023 by rtushnet

Please circulate widely! Anyone with an interest in teaching is invited to this free Harvard Law School webinar in which expert teachers share their insights. Teaching First-Generation Students  March 10, Noon EST– register here. First-generation students face unique challenges. Anthony Abraham … Continue reading →

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Trademark question of the day, Harvard edition

Posted on February 28, 2023 by rtushnet

 When I was younger, I had a shirt that had VE RI OLD in the traditional Harvard shield configuration. The local burrito place just rolled these out, and I love them: from Blogger http://tushnet.blogspot.com/2023/02/trademark-question-of-day-harvard.html

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COVID-related communications are ads where they tout D’s services

Posted on February 28, 2023 by rtushnet

Steven A. Conner DPM, P.C. v. Fox Rehabilitation Servs., P.C., 2023 WL 2226781, No. 2:21-cv-1580-MMB (E.D. Pa. Feb. 24, 2023) Conner is a podiatrist who uses a fax machine at his practice for treating patients, primarily as a communication destination … Continue reading →

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Fourteenth Trademark Scholars’ Roundtable, part 3 (Evidence)

Posted on February 25, 2023 by rtushnet

Changes in Trademark Law and Evidentiary Rules Introduction:   Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Sometimes rejecting surveys seems like judicial notice—“cola” as generic; the court doesn’t want to hear contrary survey evidence. Some objections … Continue reading →

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Fourteenth Trademark Scholars Roundtable, part 2

Posted on February 25, 2023 by rtushnet

 Session 2:        Responding to Anachronisms Introduction:   Mike Grynberg VIP may tell us a lot about what the potentials are. Incrementalism: read Lanham Act along with other things like its common law foundations and First Amendment principles—not empty formalism; recognize normative … Continue reading →

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Fourteenth Trademark Scholars’ Roundtable: Are Key Trademark and Unfair Competition Doctrines Anachronistic?

Posted on February 24, 2023 by rtushnet

UCLA School of Law Mark Janis: 1st day of TM: students’ experience of brands as used by owners & 3rd parties is so disconnected from the historical traditions of TM. Anachronism may give away too much by suggesting the cause … Continue reading →

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Site news: cross posting to WordPress seems down, but email subscription is here

Posted on February 23, 2023 by rtushnet

 I’m trying Mailchimp if you want to get posts by email. I’m also trying to fix the crosspost to WordPress, but I’ll have to see if that works. Other places to find me: Twitter, Mastodon; LinkedIn if I can get … Continue reading →

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erroneously collecting sales tax isn’t an unfair act or practice in trade or commerce

Posted on November 9, 2021 by rtushnet

Ranalli v. Etsy.com, 2021 WL 5166568, No. 21-88 (W.D. Pa. Nov. 5, 2021) Ranalli brought this putative class action for violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (UTPCPL) and the Pennsylvania Fair Credit Extension Uniformity Act … Continue reading →

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I can’t believe it’s not butter—because the label said it was all butter

Posted on November 8, 2021 by rtushnet

Boswell v. Bimbo Bakeries USA, Inc., 2021 WL 5144552, No. 20-CV-8923 (JMF) (S.D.N.Y. Nov. 4, 2021) Boswell sued on the theory that the packaging on Entenmann’s “All Butter Loaf Cake” was misleading because the cake contains not only butter, but … Continue reading →

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Another pandemic university fees claim fails

Posted on November 8, 2021 by rtushnet

Yodice v. Touro College, 2021 WL 5140058, No. 21cv2026 (DLC) (S.D.N.Y. Nov. 4, 2021) It’s now been long enough that there are a couple of cases finding potentially valid claims based on Covid closures, but this is not one of … Continue reading →

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