Author Archives: rtushnet

no predominance of common issues where many consumers would still have taken the drug at issue

Posted on July 3, 2023 by rtushnet

Painters & Allied Trades District Council 82 Health Care Fund v. Takeda Pharm. Co., 2023 WL 4191651, — F. Supp. 3d –, No. 2:17-cv-07223-JWH-AS (C.D. Cal. May 24, 2023) I tell my students that probabilistic claims are easier for competitors … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

odd 2d Circuit case about misleadingness versus confusion

Posted on July 3, 2023 by rtushnet

Gibson v. SCE Gp. Inc., 2023 WL 4229913, No. 22-916 (2d Cir. Jun. 28, 2023) Another models (and one model’s sister) v. nightclubs case. Gibson et al. appealed partial summary judgment against them on on their claims for false endorsement … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

conclusory allegations of confusion don’t allege statutory standing for TM claim

Posted on July 3, 2023 by rtushnet

Blacks in Technology Int’l v. Greenlee, 2023 WL 4186376, No. 3:20-CV-3008-X (N.D. Tex. Jun. 26, 2023) On one side: Blacks in Technology International (BIT International), Blacks United in Leading Technology International (BUILT), and Blacks in Technology, Texas (BIT Texas). On … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

Posted on July 3, 2023 by rtushnet

Industria De Alimentos Zenu S.A.S. v. Latinfood U.S. Corp., No. 16-6576 (KM) (MAH), 2023 WL 4200169, — F. Supp. 3d — (D.N.J. Jun. 27, 2023)   Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 5: Beyond the DSA

Posted on June 30, 2023 by rtushnet

Chair: João Quintais Samuelson: Joel Reidenberg’s Lex Informatica is a foundational text worth revisiting. Riffs off of the concept of law of trade; what happened was that people engaged in inter-area commerce made up sales law through their practices. Informal … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 4: Industry Impact and Industry Relationships

Posted on June 30, 2023 by rtushnet

Chair: Daphne Keller: EU heavy compliance obligations + a bunch of other laws coming into effect right as platforms are laying off people who know how to do that—a bumpy road. Impulse Statement: Rachel Griffin: Technocratic approach to regulation; we … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 3: Algorithms Liability and Transparency

Posted on June 30, 2023 by rtushnet

Chair: Martin Senftleben Impulse Statement: Sebastian Felix Schwemer Recommendation systems; transparency is the approach to recommender systems, which intersects with privacy/data protection. How much can we throw recommendation of information and moderation of information in the same bowl? Algorithmic recommendation/moderation: … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 2: Data Access

Posted on June 29, 2023 by rtushnet

Impulse Statement: Christophe Geiger: Relevance to © exceptions and limitations—access to © protected work is important for this work. Research organizations have exception in © Directive and also are vital to DSA, so we must look at both. Only digital … Continue reading →

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

Transatlantic Dialogue Workshop Institute for Information Law (IViR) Amsterdam Law School Part 1: Overarching Questions

Posted on June 29, 2023 by rtushnet

My apologies, but I’m extremely jetlagged and will not attribute well or capture a lot of nuance. Chair: João Pedro Quintais Impulse Statement: Niva Elkin Koren: Déjà vu from 1990s: radical technology change, but the world is different and tech … Continue reading →

Posted in Uncategorized | Tagged | Leave a comment

10th Circuit endorses presumption of Lanham Act false advertising injury in mostly two-player market

Posted on June 29, 2023 by rtushnet

Vitamins Online, Inc. v. Heartwise, Inc., — F.4th —-, 2023 WL 4189604, Nos. 20-4126, 21-4152 (10th Cir. Jun. 27, 2023) Proceedings below most recently blogged here. Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment