Category Archives: Uncategorized

Are you being served? Omission claim based on “virtualized” server survives

Posted on January 23, 2017 by rtushnet

Schellenbach v. GoDaddy.com LLC, 2017 WL 192920, No. CV-16-00746 (D. Ariz. Jan. 18, 2017) In 2014, GoDaddy issued a press release titled “GoDaddy Launches New Dedicated and VPS Servers with Added Support for Designers and Developers.” Plaintiffs are website designers … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

Pipe dreams: expert spokesperson liable for false statements about competing product

Posted on January 23, 2017 by rtushnet

Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe.  Previous case … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Mass. anti-SLAPP law/litigation privilege doesn’t cover p’s nasty statements about competitor to customers

Posted on January 23, 2017 by rtushnet

Riverdale Mills Corporation v. Cavatorta North America, Inc., 189 F.Supp.3d 317 (D. Mass. 2016) Previous decision—denying a recall when the falsely advertising competitor had already notified consumers—discussed here.  The parties compete in the market for wire mesh used to make … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

National Constitution Center Podcast on Tam

Posted on January 19, 2017 by rtushnet

Deborah Gerhardt, Ilya Shapiro,  and I discuss Tam. http://ift.tt/2jRxGz1? The podcast can be found at the National Constitution Center’s website, as well as on iTunes and other platforms. from Blogger http://ift.tt/2jDCued

Posted in Uncategorized | Tagged , , | Leave a comment

Seen around town: transformative works of the day, inauguration edition.

Posted on January 19, 2017 by rtushnet

Seen on my way back from the Tam oral argument: Activist Comics from Blogger http://ift.tt/2jsp9CW

Posted in Uncategorized | Tagged , | Leave a comment

9th Circuit rejects Slep-Tone’s anti-copying claim couched as TM claim

Posted on January 19, 2017 by rtushnet

Slep-Tone Entertainment Corp. v. Wired for Sound Karaoke & DJ Servs., LLC, No. 14-17229 (9th Cir. Jan. 18, 2017) (per curiam) Slep-Tone makes karaoke music tracks under the trademark “Sound Choice.” They’re released on CDs in a format known as … Continue reading →

Posted in Uncategorized | Tagged , , | Leave a comment

Lee v. Tam post-argument

Posted on January 19, 2017 by rtushnet

Lee v. Tam My thoughts on observing the argument: I was surprised how much attention the Justices paid to the copyright comparison.  The SG centered his response around the idea that copyright is historically a mechanism to stimulate expression, while … Continue reading →

Posted in Uncategorized | Tagged , | Leave a comment

video of Evil Twin debate on Tam

Posted on January 17, 2017 by rtushnet

Available here.  Tomorrow I’ll have my third NPR interview on Tam; interest seems quite high. from Blogger http://ift.tt/2j5ao7O

Posted in Uncategorized | Tagged , , | Leave a comment

Transformative work of the day, Lin-Manuel Miranda edition

Posted on January 16, 2017 by rtushnet

What’s Next?  Since I’m working on 512 roundtable reply comments right now, it seems particularly appropriate to remind everyone that clips can be fair use. from Blogger http://ift.tt/2iF9jWB

Posted in Uncategorized | Tagged , , | Leave a comment

It’s a Tam, Tam, Tam world

Posted on January 13, 2017 by rtushnet

Along with a podcast for the American Constitution Center and an NPR interview running the morning of the Tam argument (next Wednesday), I’ll also be on a post-argument panel at AU–the panel before features none other than Tam himself. American … Continue reading →

Posted in Uncategorized | Tagged , , , , , | Leave a comment