Category Archives: Uncategorized

Court trebles damage award based on willful false advertising, over advisory jury verdict

Posted on March 9, 2017 by rtushnet

Concordia Pharmaceuticals, Inc. v. Method Pharmaceuticals, LLC, No. 3:14CV00016, 2017 WL 837688 (W.D. Va. Mar. 2, 2017) A jury found that Method engaged in false advertising; that Concordia was entitled to $733,200.00 in actual or compensatory damages; and that the … Continue reading →

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“same quality as Made in USA” is not puffery, says magistrate

Posted on March 9, 2017 by rtushnet

University Loft Co. v. Blue Furniture Solutions, LLC, 2017 WL 876312, NO. A–15–CV–826 (W.D. Tex. Mar. 3, 2017) (report and recommendation of magistrate judge) University sued Blue alleging false advertising and trademark infringement under the Lanham Act, unfair competition under … Continue reading →

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Reading list: IP in the criminal justice system

Posted on March 9, 2017 by rtushnet

Rebecca Wexler, Life, Liberty, and Trade Secrets: Intellectual Property in the Criminal Justice System Abstract From policing to evidence to parole, data-driven algorithmic systems and other automated software programs are being adopted throughout the criminal justice system. The developers of … Continue reading →

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Reading List: Brian Frye, Invention of a Slave

Posted on March 7, 2017 by rtushnet

Reading list: Brian L. Frye, Invention of a Slave Abstract: On June 10, 1858, the Attorney General of the United States issued an opinion concluding that a machine invented by a slave could not be patented, because neither the slave … Continue reading →

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Terms and Conditions

Posted on March 7, 2017 by rtushnet

Reading list: new comic book, Terms and Conditions: transformative work of the day, using iTunes’ terms and conditions combined with illustrations in the style of various comic artists. Steve Jobs as Joe Cool Tumblr here. from Blogger http://ift.tt/2lYN5hJ

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Clearblue’s corrective advertising not so clear

Posted on March 6, 2017 by rtushnet

Via Alex Roberts: As she said, only a lawyer could love it–also that URL; who’d type that in? from Blogger http://ift.tt/2muAYMc

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Another fake discount allegation survives challenge to plaintiff’s theory of harm

Posted on March 4, 2017 by rtushnet

Munning v. The Gap, Inc., 2017 WL 733104, No.16-cv-03804 (N.D. Cal. Feb. 24, 2017) Munning bought a pair of swim trunks from the Gap Factory retail website, and one dress and one sweater from the Banana Republic Factory website, each … Continue reading →

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Reading list, good titles edition

Posted on March 4, 2017 by rtushnet

Kacy Popyer. Note. CACHE-22: the fine line between information and defamation in Google’s autocomplete function. 34 Cardozo Arts &; Ent. L.J. 835-861 (2016) But why no publicly available copy, Cardozo Arts & Ent. L.J.? from Blogger http://ift.tt/2mnSSAP

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Reading list: women in technology

Posted on February 27, 2017 by rtushnet

Sacha Judd on where to point the “pipeline”: fandom–includes discussion of the Organization for Transformative Works’ AO3.  Also worth reading is the linked talk from the founder of Pinboard, who writes hilariously and respectfully about fans’ ability to self-organize and … Continue reading →

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Bridging the Gap Between the Federal Courts and the U.S. Patent and Trademark Office

Posted on February 24, 2017 by rtushnet

Boston University Journal of Science and Technology Law Symposium Sorry, guys, I did not follow the patent panels. Panel III: Trademarks Rebecca Tushnet, Fixing Incontestability: The Next Frontier Incontestability is a nearly unique feature of American trademark law, with a … Continue reading →

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