Category Archives: first amendment

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

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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

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Pregnancy clinic ads are commercial speech

First Resort, Inc. v. Herrera, No. C 11-5534 (N.D. Cal. Feb. 20, 2015)      The court rejected a facial challenge to San Francisco’s Pregnancy Information Disclosure and Protection Ordinance, “aimed at ensuring that indigent women facing unexpected pregnancies are not … Continue reading

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Court misapplies FTDA, not TDRA, to political speech

Hershey Co. v. Friends of Steve Hershey, 2015 WL 795841, No. WDQ–14–1825. (D. Md. Feb. 24, 2015)   Disappointing ruling on political speech and infringement now supplemented by flat-out wrong ruling on dilution.  Hershey sued the Friends of Steve Hershey … Continue reading

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kitsch doesn’t violate the right of publicity

Rosa and Raymond Parks Institute for Self Development v. Target Corp., No. 2:13-CV-817 (M.D. Ala. Feb. 9, 2015)   The Parks Institute, a 501(c)(3) corporation, “owns the name and likeness of the late Rosa Parks,” an icon of the civil … Continue reading

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New article: images and the right of publicity

Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity (38 Columbia J.L. & Arts, forthcoming 2015)   Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other … Continue reading

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Pom squad at the DC Circuit

POM Wonderful, LLC v. Federal Trade Comm’n, No. 13-1060 (D.C. Cir. Jan. 30, 2015)   POM ran ads from 2003 to 2010 touting medical studies that supposedly showed that daily consumption of POM products could “treat, prevent, or reduce the … Continue reading

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DC rejects POM’s FTC challenge

Via the Consumer Law & Policy Blog.  I must digest both lunch and this ruling, but I will definitely have more to say soon. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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