Category Archives: Uncategorized

Conversation on fan films and copyright, part 2

Posted on September 29, 2016 by rtushnet

My exchange with Henry Jenkins can be found here.  Part 1 here. from Blogger http://ift.tt/2cYKxvk

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Transformative work of the day

Posted on September 28, 2016 by rtushnet

Shot by shot recreation of photos with male and female roles reversed, in response to a sexist GQ pictorial. Transformative, but in a good way—the reverse of the mocking transformations I cataloged in My Fair Ladies. from Blogger http://ift.tt/2dklLsV

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It’s false advertising, Charlie Brown!

Posted on September 27, 2016 by rtushnet

Consider this story about “canned pumpkin” actually being squash.  False advertising, even if compliant with FDA regulations? from Blogger http://ift.tt/2ddhBBA

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Star Trek, fan films and transformative use

Posted on September 27, 2016 by rtushnet

I have a conversation with Henry Jenkins on these topics up at his blog. from Blogger http://ift.tt/2dphupF

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Advertiser’s self-voting on positive reviews as “helpful” may be false advertising

Posted on September 26, 2016 by rtushnet

Vitamins Online, Inc. v. HeartWise, Inc., 2016 WL 5106990, No. 13-CV-982 (D. Utah Sept. 19, 2016) Following up on its previous opinion, the court rules again about the possible falsity of reviews posted in exchange for undisclosed gifts of the … Continue reading →

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Speech in study would be commercial if knowingly false, court rules

Posted on September 26, 2016 by rtushnet

Crossfit, Inc. v. National Strength & Conditioning Ass’n, 2016 WL 5118530,  No. 14cv1191 (S.D. Cal. Sept. 21, 2016) CrossFit generates revenue by credentialing and certifying fitness trainers for a fee and through licensing the CrossFit trademark and other intellectual property … Continue reading →

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FTC wins second appellate victory over 230 defense

Posted on September 26, 2016 by rtushnet

FTC v. LeadClick Media, LLC, 15‐1009‐cv (2d Cir. Sept. 23, 2016) The FTC and Connecticut sued LeadClick over its role in the use of deceptive websites to market weight loss products. LeadClick managed a network of affiliates/publishers to advertise the … Continue reading →

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43(a) question of the day

Posted on September 26, 2016 by rtushnet

Actors who played doctors on TV evoke their roles for Cigna ad:  any false endorsement implications for Cigna? Tagline: “They’ve saved lives on TV, but now they’re helping save lives for real by teaming up with Cigna to encourage America … Continue reading →

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Advertising question of the day

Posted on September 22, 2016 by rtushnet

Does the following pose any advertising issues?  Does it matter whether the business sells non-organic food? Thanks to James Grimmelmann for the photo. from Blogger http://ift.tt/2cOICPs

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“unique” and “innovative” are puffery

Posted on September 22, 2016 by rtushnet

LoggerHead Tools, LLC v. Sears Holdings Corp., 2016 WL 5080028, No. 12-cv-9033 (N.D. Ill. Sept. 20, 2016) LoggerHead sued Sears under the Lanham Act and Illinois state law for false advertising; the court granted summary judgment to Sears.  LoggerHead sells … Continue reading →

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