Category Archives: first amendment

District court largely upholds mandatory GE disclosures

Grocery Manufacturers Assoc. v. Sorrell, 2015 WL 1931142, No. 5:14–cv–117 (D. Vt. Apr. 27, 2015)   Relax, we’ll be here for a while.   Vermont passed a law, Act 120, requiring that manufacturers and retailers identify whether raw and processed … Continue reading

Posted in advertising, commercial speech, disclosures, first amendment, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

2(a) avoids First Amendment challenge, for now

In re Tam, — F.3d –,  No. 2014-1203 (Fed. Cir. Apr. 20, 2015)   The Federal Circuit affirmed the refusal to register THE SLANTS for entertainment (a band) because it was disparaging, with “additional views” from one judge suggesting that … Continue reading

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ANA conference: native advertising

The Natives Are Restless: Legal Perspectives On Native Advertising   John P. Feldman, Partner, Reed Smith LLP: ads have been considered deceptive for not disclosing they are ads/source.  Native ads = sponsored content formatted to fit seamlessly into modern media. … Continue reading

Posted in advertising, commercial speech, conferences, disclosures, first amendment, ftc, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Farley and Tsai on the Redskins trademark

At Prawfsblawg, Professors Christine Haight Farley and Robert Tsai analyze the First Amendment case against the Redskins cancellation, and conclude that 2(a) should survive scrutiny. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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court refuses to enjoin consumer protection law on First Amendment grounds

Loan Payment Administration LLC v. Hubanks, 2015 WL 1245895, No. 14-CV-04420 (N.D. Cal. Mar. 17, 2015)   A misinterpretation of nominative fair use mars this otherwise quite sensible rejection of a First Amendment challenge to a consumer protection law.   … Continue reading

Posted in california, consumer protection, disclosures, first amendment, http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Amicus brief in Dryer v. NFL

Mark McKenna and I drafted a law professors’ amicus in Dryer v. NFL, a right of publicity case now on appeal in the 8th Circuit. We argued for a strong First Amendment standard for non-advertising speech as well as for … Continue reading

Posted in first amendment, http://schemas.google.com/blogger/2008/kind#post, my writings, preemption, right of publicity, trademark | Leave a comment

Foie gras as speech? even so, it can still be challenged under UCL

Animal Legal Defense Fund v. LT Napa Partners LLC, 2015 WL 1004423, No. A139625 (Cal. Ct. App. Mar. 5, 2015   ALDF sued LT Napa alleging that defendants sold foie gras in their Napa restaurant in violation of California’s law … Continue reading

Posted in california, consumer protection, first amendment, unfairness | Leave a comment