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

Securities law and advertising law

Posted on March 10, 2014 by rtushnet

Ann Lipton (Duke) has a post up on the import of Halliburton II, a securities case about the fraud on the market doctrine, with at least potential relevance to advertising law.   Another of her posts considers the securities law … Continue reading →

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Glass houses: incidental use of sculpture in photo is fair

Posted on March 7, 2014 by rtushnet

Neri v. Monroe, No. 11-cv-429 (W.D. Wis. Feb. 26, 2014) (magistrate judge), on remand from 726 F. 3d 989 (7th Cir. 2013) From the outside, this doubtless expensive dispute looks like it resulted from an artist whose outrage over a … Continue reading →

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Reading list: Copyright equality

Posted on March 7, 2014 by rtushnet

Peter DiCola, Copyright Equality: Free Speech, Efficiency, and Regulatory Parity in Distribution. Abstract: Copyright law treats webcasters like Pandora, on-demand streaming services like Spotify, the satellite radio company Sirius XM, and traditional radio broadcasters like Clear Channel in vastly different … Continue reading →

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Class action objection in the form of a dialogue

Posted on March 6, 2014 by rtushnet

Sample (footnotes omitted): CytoSport has agreed to donate whatever is left over to charitable athletic events, like Susan G. Komen’s Race for the Cure.Class Member. That’s nice of them. Are they funding the costs of running the event?Counsel: No, they … Continue reading →

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

Topside Pom Wonderful briefs

Posted on March 6, 2014 by rtushnet

I was unfortunately unable to work on an amicus brief in Pom Wonderful, but the good news is that INTA did participate. Petitioner’s brief. Generic Pharmaceutical Association (in support of neither party). INTA. United States (in support of neither party). … Continue reading →

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

Oscar selfies and bad copyright analysis

Posted on March 6, 2014 by rtushnet

Paul Fakler points out that a number of things I’ve also seen said about copyright in Oscar selfies aren’t true.  This one got me the most: Per­haps the most silly “analy­sis” I have seen so far has been the sug­ges­tion … Continue reading →

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ABA call-in tomorrow: Lanham Act developments for antitrust lawyers

Posted on March 5, 2014 by rtushnet

Antitrust, Unfair Competition, & the Lanham Act: Recent Intersections in Litigation March 6, 2014—1:30 pm to 2:30 pm Eastern With the U.S. Supreme Court poised to decide whether antitrust standing should apply to Lanham Act claims in the Static Control … Continue reading →

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The lost rights of Oz?

Posted on March 4, 2014 by rtushnet

We know from X One X that putting public domain images on a red sequined shoe would infringe Warner’s character copyright in movie Dorothy Gale.  How about this picture?  Any trademark issues? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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

Price claims are puffery, but fake Facebook page could be actionable

Posted on March 4, 2014 by rtushnet

Imagine Medispa, LLC v. Transformations, Inc., 2014 WL 770810, No. 2:13–26923 (S.D. W. Va. Feb. 26, 2014) The parties compete in the medical weight-loss and skin care industry, in overlapping geographic areas. Plaintiff David Rubio owns Imagine. Plaintiffs alleged that … Continue reading →

Posted in defamation, http://schemas.google.com/blogger/2008/kind#post, right of publicity, tortious interference, trademark | Leave a comment

OTW copyright consultation comments

Posted on March 4, 2014 by rtushnet

The Organization for Transformative Works submits comments to the EC in response to its copyright consultation. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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