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

Strict liability for misleading advertising in Europe

Posted on January 29, 2014 by rtushnet

Interesting post from Lewis Silkin about the UK’s ASA versus the EU Court of Justice: the former allowed an advertiser to rely on a third party’s representations (I think that’s a bit of a simplification–the third party was the complainant … Continue reading →

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

Nontransformative, commercial use of earnings call was fair

Posted on January 29, 2014 by rtushnet

Swatch Group Management Services Ltd. v. Bloomberg L.P., No. 12-2412 (2d Cir. Jan. 27, 2014) Swatch sued over Bloomberg’s 2011 posting of the recording of a conference call at which Swatch executives discussed the company’s recently released earnings report with … Continue reading →

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House fair use hearing

Posted on January 29, 2014 by rtushnet

Hearing on Fair Use, House Judiciary Committee Subcommittee on Internet/IP Rep. Coble (subcommittee chair): Fair use is important.  North Carolina universities rely on copyright law and on fair use.  Fair use’s strength is its ambiguity/freedom for courts, but also its … Continue reading →

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Fair use hearing testimony available

Posted on January 27, 2014 by rtushnet

House website here.  Written testimony from June Besek (fair use is too big, especially with respect to Google), Peter Jaszi (no, it’s not), David Lowery (music remixes and sampling etc. aren’t fair use; licensing is perfect),  Naomi Novik (transformative works are great and need protection; … Continue reading →

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TM claims in DMCA notice may lead to 512(f) liability

Posted on January 27, 2014 by rtushnet

CrossFit, Inc. v. Alvies, No. 13–3771, 2014 WL 251760 (N.D. Cal. Jan. 22, 2014) CrossFit sued Alvies for trademark infringement, among other things, and Alvies counterclaimed for false advertising/unfair competition.  CrossFit moved to dismiss the counterclaims and partially succeeded.  CrossFit … Continue reading →

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

Congressional hearing on the scope of fair use

Posted on January 24, 2014 by rtushnet

Coming Tuesday to a streaming website near you. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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FTC goes after advertiser and ad agency for false dramatization

Posted on January 23, 2014 by rtushnet

Read all about it.  One great feature: the complaint includes the challenged ad!  The FTC at least wants us to see for ourselves. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Reading list: Without Copyrights

Posted on January 22, 2014 by rtushnet

Robert Spoo, Without Copyrights: Piracy, Publishing, and the Public Domain: An engaging, detailed account of trade courtesy in the US before the US recognized foreign copyrights (including the period when foreign authors could in theory get a US copyright but faced … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, reading list, right of publicity | Leave a comment

Innovation and inequality

Posted on January 22, 2014 by rtushnet

Matt Yglesias in Slate suggests that, if only the top 1% has disposable income, innovation will be very different from innovation in a more egalitarian state, and the only way for a mass market product to succeed will be for … Continue reading →

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

No records, no class action against Chipotle

Posted on January 21, 2014 by rtushnet

Hernandez v. Chipotle Mexican Grill, Inc., 12-cv-05543 (C.D. Cal. Dec. 2, 2013) The court rejected a proposed class action based on Chipotle’s alleged practice of serving conventionally raised meats on occasions when “naturally raised” meats were not available, though it … Continue reading →

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