Category Archives: http://schemas.google.com/blogger/2008/kind#post

More pondering on the relationship between sec. 2 and sec. 43

Posted on June 24, 2014 by rtushnet

One question from last week’s TTAB REDSKINS decision concerns the effect on §43 if the §2 cancellation is upheld.  Mark McKenna has argued that, if we took history seriously, there should be no effect, because unfair competition historically covered lots … Continue reading →

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Is DRM the source of Hachette’s troubles?

Posted on June 20, 2014 by rtushnet

So argues Cory Doctorow.  He makes a point that also came up at the 1201 exemption hearings: the copyright owner does not clearly have the right to authorize a user to strip DRM from a work, where the copyright owner … Continue reading →

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Apply fair use to burned area

Posted on June 19, 2014 by rtushnet

Via Five Useful Articles, this deposition excerpt from HathiTrust is nearly priceless–what takes it beyond the usual snark is the very last dig the HT lawyer gets in at the Authors Guild’s theory of the case. So, HT’s lawyer snarks … Continue reading →

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"original" and "first" are mere puffery

Posted on June 18, 2014 by rtushnet

Bern Unlimited, Inc. v. Burton Corp., No. 11-12278, 2014 WL 2649006 (D. Mass. June 12, 2014) Bern sued six of its competitors in the market for sports helmets, alleging trade dress infringement.  Answering Bern’s third amended complaint, defendants asserted false … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, patents | Leave a comment

Grande deception?

Posted on June 18, 2014 by rtushnet

Starbucks and the “free” college education for its workers: The reporting on Starbucks’ offer has gone beyond the headline—and if treated like ordinary advertising, that headline is misleading.  As it turns out, Starbucks will only pay in full for two … Continue reading →

Posted in advertising, commercial speech, consumer protection, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

Fair use decisionmaking

Posted on June 18, 2014 by rtushnet

Deconstructing arguments that treat fair use as a mysterious and dangerous concept: This detailed analysis of a flowchart is quite useful. And it cites the OTW’s Fair Use Test Suite! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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ALI CLE event on Lexmark, Pom, etc.

Posted on June 17, 2014 by rtushnet

First, I apologize for the slew of RSS feed updates you may recently have received if you subscribe via an RSS reader like Feedly—the feed has apparently been broken since early May. I was still here though!  If you’re interested, … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, presentations | Leave a comment

Such a lonely word: "honest" isn’t puffery

Posted on June 16, 2014 by rtushnet

Salazar v. Honest Tea, Inc., 2014 WL 2593601, No. 2:13-cv-02318 (E.D. Cal. June 10, 2014) Salazar alleged that HT’s Honey Green Tea bottles didn’t contain the amount of antioxidants represented on their labels, where independent lab testing determined that the … Continue reading →

Posted in california, consumer protection, fda, http://schemas.google.com/blogger/2008/kind#post, preemption | Leave a comment

POM Won: a summary of the ruling

Posted on June 13, 2014 by rtushnet

POM Wonderful LLC v. Coca-Cola Co., No. 12–761, 573 U.S. — (June 12, 2014) POM sued Coca-Cola for falsely advertising a “pomegranate blueberry” juice blend with 0.3% pomegranate juice and 0.2% blueberry juice. The Ninth Circuit found this claim precluded … Continue reading →

Posted in fda, http://schemas.google.com/blogger/2008/kind#post | Leave a comment

The Pom Wonderful ruling has arrived

Posted on June 12, 2014 by rtushnet

It is here.  Pom wins reversal. More to come. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Posted in fda, http://schemas.google.com/blogger/2008/kind#post | Leave a comment