Category Archives: antitrust

Regression damages model fails to convince court

Reed Const. Data Inc. v. McGraw-Hill Companies, Inc., — F.Supp.3d —-, 2014 WL 4746130, No. 09–CV–8578 (S.D.N.Y. Sept. 24, 2014)   Reed sued McGraw-Hill for violations of the Lanham Act, the Sherman Act, and various state law torts. The parties … Continue reading

Posted in antitrust,, unfairness | Leave a comment

Reading list: Orly Lobel on employment law as IP law

Orly Lobel, The New Cognitive Property: Human Capital Law and the Reach of Intellectual Property.  Abstract: Contemporary law has become grounded in the conviction that not only the outputs of innovation – artistic expressions, scientific methods, and technological advances – … Continue reading

Posted in antitrust, contracts,, patent, reading list | Leave a comment

internet regulation event in DC

Internet Regulation in 2020 Keck Center, Room 100 * Washington, D.C. * October 17, 2014 Space is limited; register now at 8:00am            Registration 8:30am            Welcome and Introduction Stuart Benjamin, Douglas B. Maggs Professor of Law and Faculty Co-Director, Center for Innovation Policy, … Continue reading

Posted in antitrust, | Leave a comment

IPSC part 10: hodgepodge

Sixth Breakout Session The Patented Design Sarah Burstein What should the patented design cover?  Require the design to be applied to a particular product, and signal that in the name/title.  That better respects First Amendment concerns, notice function of patents, … Continue reading

Posted in antitrust, design patent,, patent, trademark | Leave a comment

IPSC part 5: more copyright

Third Breakout Session Copyright and Competition Copyright’s Technological Interdependencies Clark Asay Technological patrons depend on copyright for their motivations.  Copyright is an interdependent part of broader creative systems. Dichotomy between patronage and copyright as alternative systems is wrong.  They work … Continue reading

Posted in antitrust, copyright, google,, music | Leave a comment

predictions of future events aren’t actionable false advertising

Duty Free Americas, Inc. v. Estée Lauder Cos., 2014 WL 1329359, No. 12–60741 (S.D. Fla. Mar. 31, 2014) This is mostly an antitrust case; the antitrust claims are all dismissed because no one wins antitrust cases.  DFA operates duty-free stores … Continue reading

Posted in antitrust, | Leave a comment

ABA call-in tomorrow: Lanham Act developments for antitrust lawyers

Antitrust, Unfair Competition, & the Lanham Act: Recent Intersections in Litigation March 6, 2014—1:30 pm to 2:30 pm Eastern With the U.S. Supreme Court poised to decide whether antitrust standing should apply to Lanham Act claims in the Static Control … Continue reading

Posted in antitrust, | Leave a comment

Firm that refers instead of represents might be falsely advertising

Larry Pitt & Associates v. Lundy Law, LLP, No. 13–2398, 2013 WL 6536739 (E.D. Pa. Dec. 13, 2013) The parties compete to represent clients in the greater Philadelphia area, primarily in the fields of “small personal injury, social security disability, … Continue reading

Posted in antitrust,, insurance, tortious interference, trademark | Leave a comment

Student-athletes’ right of publicity claims can ground antitrust claims

In re NCAA Student-Athlete Name & Likeness Licensing Litigation, No. C 09-1967 (N.D. Cal. Oct. 25, 2013)  Plaintiffs, current and former college athletes, sued the NCAA; they also sued Collegiate Licensing Company and Electronic Arts, but settled those claims.  This … Continue reading

Posted in antitrust, first amendment, right of publicity | Leave a comment

AAI amicus in Lexmark

The American Antitrust Institute’s amicus brief in favor of respondent in Lexmark is out.

Posted in antitrust,, standing | Leave a comment