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Category Archives: contracts
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
"we can do anything" ToS might be unconscionable, providing remedy for loss of music
MacKinnon v. IMVU, Inc., No. H039236 (Cal. Ct. App. Oct. 30, 2014) MacKinnon sued IMVU, which runs an entertainment service, the “instant messaging virtual universe,” alleging that IMVU deceived users about music purchases and wrongfully restricted users’ ability to play … Continue reading
TM, advertising claims excluded from LivingSocial’s arbitration agreement
Faegin, v. LivingSocial, Inc., No. 14cv00418, 2014 WL 5307186 (S.D. Cal. Oct. 15, 2014) Plaintiffs (A.T. Your Service Cleaning and Janitorial) sued defendants for trademark infringement and related business torts. ATYS is a cleaning service in San Diego. LivingSocial is … Continue reading
Music you can’t get in a library
Planning for musical obsolescence: How digital licensing is destroying our ability to preserve history. Excerpt: When one goes to the LA Philharmonic site about this recording of Symphonie Fantastique and tries to purchase it, one is directed to the iTunes … Continue reading
Even big businesses need consumer protection law
American Demolition and Nuclear Decommissioning, Inc. v. IBCS Group, Inc., 2014 WL 1906791, No. 3:11CV00078 (W.D. Va. May 13, 2014) ADND (now there’s an acronym!) is a New York corporation that provides demolition, decommissioning, and environmental remediation services. In 2009, … Continue reading
Adam Levitin responds to General Mills
Here: By permitting, allowing, or suffering me to purchase any of your products or services, whether directly from you or indirectly through dealers, vendors, agents, or other third-parties, you agree to irrevocably surrender all rights to compel me to arbitration … Continue reading
Posted in consumer protection, contracts
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ordinary consumer goods jump on the lawsuit waiver bandwagon
We all knew it was only a matter of time. Apparently not sure that merely buying a product with a lawsuit waiver on the wrapper would work, GM now seeks to bind consumers who visit its website or “like” its … Continue reading
Phone resale not infringing even when reseller defaults
T–Mobile USA, Inc. v. Chong, 2014 WL 1350896, No. C13–29 (W.D. Wash. Apr. 4, 2014) T-Mobile moved for the second time for default judgment; the court only granted it in part, though giving T-Mobile what it wanted in the form … Continue reading
Posted in contracts, trademark
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Next Great Copyright Act Conference, quasi-copyright
Quasi-Copyright Reforms Moderator: Hank Barry, Sidley Austin Rebecca Tushnet, Georgetown Law School I’m going to talk about managing the interface between copyright and several other rights—in the very first panel of the conference, Wendy Gordon reminded us that various doctrines … Continue reading
Consumer law and copyright conferences in April
Making the Fine Print Fair, Georgetown Law symposium, April 4 The Georgetown Consumer Law Society and Citizen Works are hosting a symposium, Making the Fine Print Fair, at Georgetown on April 4 from 8:30 a.m. to 6:30 p.m. From the … Continue reading