Author Archives: rtushnet

3 things that all mean the same thing: a slogan isn’t a TM for ad injury insurance purposes

Posted on August 9, 2021 by rtushnet

Travelers Indemnity Co. v. Luna Gourmet Coffee & Tea Co., 2021 WL 1293314, No. 19-cv-02039-RM-NYW (D. Colo. Apr. 7, 2021) The underlying litigation involves class actions against coffee distributors, wholesalers, and retailers arising out of the allegedly misleading use of … Continue reading →

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aiding and abetting liability in false advertising cases

Posted on August 9, 2021 by rtushnet

 Bonus: Civil RICO claims survive! Sihler v. Fulfillment Lab, Inc., 2021 WL 1293839, No. 3:20-cv-01528-H-MSB (S.D. Cal. Apr. 7, 2021) Defendants allegedly used fake celebrity endorsements and reviews and misrepresentations about price and limited availability to induce consumers to buy … Continue reading →

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prescription and OTC products can directly compete; many non-FDCA-based claims survive

Posted on August 9, 2021 by rtushnet

Scilex Pharmaceuticals Inc. v. Sanofi-Aventis U.S. LLC, 2021 WL 3417590, — F.Supp.3d —-, 2021 WL 3417590, No. 21-cv-01280-JST (N.D. Cal. Aug. 5, 2021) Scilex sells an FDA-approved, prescription-strength topical analgesic self-adhesive patch, ZTlido (lidocaine), which is allegedly often prescribed off-label, … Continue reading →

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IPSC Panel 12 – Identity, Data, and Privacy

Posted on August 5, 2021 by rtushnet

Dustin Marlan, The Dystopian Right of Publicity Privacy problems (surveillance) are often analogized to the dystopia of 1984; ROP problems stemming from infinite transferablility can be analogized to Brave New World (1932). A state of unfreedom that is apparently chosen … Continue reading →

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IPSC Panel 9 – Crosscutting IP

Posted on August 5, 2021 by rtushnet

Derek E. Bambauer, Everything You Want: The Paradox of Tailored IP Regimes Customized IP has benefits (avoids lowest common denominator [or highest] problem), but also costs: manipulation to shift from one regime to another; colleciton of information by decisionmakers. Standard … Continue reading →

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IPSC Panel 5 – Copyright, Distribution, and Access

Posted on August 4, 2021 by rtushnet

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Focus: liability exceptions and regulatory regimes that facilitate large scale distribution of works by direct distributors or via platforms … Continue reading →

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IPSC: Copyright & Trademark

Posted on August 4, 2021 by rtushnet

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial  Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are … Continue reading →

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From the archives: knitalikes

Posted on July 21, 2021 by rtushnet

Found going through old knitting magazines, a version of the “splurge or steal?” fashion spread for knitters: “Which One Is the Calvin?” Text: If you love the high style of designer originals but hate the high costs, this is the … Continue reading →

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Honey Badger Don’t Care (4th of July edition)

Posted on July 5, 2021 by rtushnet

 Seen on the street: from Blogger https://ift.tt/3AubySG

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An Antitrust Framework for False Advertising, out now

Posted on June 9, 2021 by rtushnet

Michael A. Carrier & Rebecca Tushnet, An Antitrust Framework for False Advertising, 106 Iowa L. Rev. 1841 (2021) From the introduction:   Federal law presumes that false advertising harms competition. Federal law also presumes that false advertising is harmless or even … Continue reading →

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