Category Archives: commercial speech

Gripe sites protected despite use of URL and "Official" language

Board of Directors of Sapphire Bay Condominiums West v. Simpson, 2014 WL 4067175, No. 04–62 (D.V.I. Aug. 13, 2014) The board is a condo association using  the name Sapphire Bay Condominiums West.  Simpson bought a condo at Sapphire Bay in … Continue reading

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court borrows limitations period from consumer protection law for Lanham Act claim

Cannella v. Brennan, No. 2:12-CV-1247 (E.D. Pa. Aug. 5, 2014) Plaintiffs First Senior Financial Group, Phillip Cannella, and Joann Small sued “Watchdog,” an anonymous blogger, and Doe defendants, ultimately identifying Krista Brennan as Watchdog and the Doe defendants as Granite … Continue reading

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Lexmark’s effect on "commercial advertising or promotion"

Syngenta Seeds, Inc. v. Bunge North America, Inc., 2014 WL 3882886, No. 13-1391 (8th Cir. Aug. 8, 2014) District court opinion discussed here.  This opinion is more Lexmark fallout.  Syngenta, a biotech company that makes genetically modified corn seed (Viptera), … Continue reading

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John Oliver on native advertising

John Oliver covers topics relevant to advertising law again in this piece on native advertising and the fact that it only works by tricking people. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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COOL story, part 3: dissents

Judge Henderson dissented, believing the question of Zauderer’s appropriate scope to have been resolved in R.J. Reynolds and unfairly revisited. Judge Brown also dissented, quite vigorously. Under the majority’s reasoning, “a business owner no longer has a constitutionally protected right … Continue reading

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COOL story, part 2: concurrences

AMI continued: concurrences Judge Rogers concurred in part.  She wrote to disassociate herself from the suggested collapse of Central Hudsonand Zauderer.  “Viewing Zaudereras simply an application of Central Hudson to special circumstances … finds support in neither Supreme Court precedent … Continue reading

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COOL story, part 1: DC Circuit upholds country of origin labeling rule

American Meat Institute v. U.S. Dep’t of Agriculture, No. 13-5281 (D.C. Cir. July 29, 2014) The D.C. Circuit here, en banc, upholds country of origin labeling (COOL) requirements for meat, and in the process holds that Zauderer’s standard for compelled … Continue reading

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Yelp statements about its filters not protected by anti-SLAPP law or CDA

Demetriades v. Yelp, Inc., 2014 WL 3661491, No. B247151 (Cal. Ct. App. July 24, 2014) Demetriades operates restaurants and sued Yelp under California’s UCL and FAL based on claims about the accuracy and efficacy of its “filter” of unreliable or … Continue reading

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regulating TM owner’s confusing use of TM doesn’t violate First Amendment

AEP Texas Comm. & Indus. Retail Ltd. P’ship v. Public Util. Comm’n, 2014 WL 3558763, No. 03–13–00358–CV, — S.W.3d – (Tex. Ct. App. July 17, 2014) A complicated regulatory background is the setting for this case about the evidence required … Continue reading

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UK ASA finds ad for journalistic Free Speech Network misleading

Tragedy or farce?  I’ll take “couldn’t happen in the US” for $500, Alex. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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