Category Archives: Uncategorized

When does “no contract” mean “mandatory arbitration contract”?

Posted on November 4, 2015 by rtushnet

Barraza v. Cricket Wireless LLC, 2015 WL 6689396, No. C 15-02471 (N.D. Cal. Nov. 3, 2015)   Cricket advertised a “No Contract” wireless phone plan with an arbitration clause in its purported contract terms.  As Omri Ben-Shahar pointed out, advertising … Continue reading →

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In which I read the proceedings of the 2009 Fordham IP conference

Posted on November 3, 2015 by rtushnet

Intellectual Property Law &; Policy, Vol. 12, ed. Hugh Hansen: Proceedings from a 2009 conference by a high-protectionist, with occasional interventions from people who don’t believe that more IP is always better. Confirms my belief that it’s a bad idea … Continue reading →

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Only connect: security company enjoined from false association with ADT

Posted on November 2, 2015 by rtushnet

ADT, LLC v. Capital Connect, Inc., 2015 WL 6549277, No. 3:15-CV-2252 (N.D. Tex. Oct. 28, 2015)   ADT provides electronic security services and equipment to nearly one quarter of those American homes that are equipped with alarm systems. It sued … Continue reading →

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In which I win a motion to intervene

Posted on November 2, 2015 by rtushnet

Actually, my fine attorneys at Public Citizen have prevailed in my motion to intervene in SanMedica v. Amazon, the case in which the court found sufficient evidence of likely confusion under the 10th Circuit’s 1-800 Contacts rule without telling us … Continue reading →

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Reading list: trademark standing after Lexmark

Posted on November 2, 2015 by rtushnet

John L. Brennan, Determining Trademark Standing in the Wake of Lexmark, 90 Notre Dame L. Rev. 1691 (2014). I like it:   Although the Court’s decision in Lexmark has resolved the debate over the issue of standing for false advertising … Continue reading →

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FDLI symposium: special topics

Posted on October 30, 2015 by rtushnet

Special Topics FDA Regulation of Genomic Testing and the First Amendment Barbara Evans, Professor, University of Houston Law Center   Of companies in clinical sequencing industry: 10 of 68 do sequencing only; 21 of 68 annotation and interpretation only. That … Continue reading →

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FDLI symposium: John Coates keynote on deconstitutionalizing corporate speech

Posted on October 30, 2015 by rtushnet

John Coates, John F. Cogan, Jr. Professor of Law and Economics, Research Director, Center on the Legal Profession, Harvard Law School: Re-de-constitutionalizing Corporate & Commercial Speech   What I see as a mess in my space is even more of … Continue reading →

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FDLI symposium part 2: First Amendment/Commercial Speech

Posted on October 30, 2015 by rtushnet

Session 2: Constraints on Commercial Speech and the First Amendment   Moderator: Richard Cleland, Assistant Director, Federal Trade Commission, Bureau of Consumer Protection   Tracing the FTC’s Line Between Advertising and Free Speech Katie Bond, Senior Associate, Kelley Drye   … Continue reading →

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FDLI symposium on constitutional challenges to FDA

Posted on October 30, 2015 by rtushnet

FDLI Symposium: Constitutional Challenges to FDA Law & Regulation   Session 1:  Compelled Speech Moderator: Allison Zieve, Director, Public Citizen Litigation Group, Vice-Chair, FDLI   First Amendment Limits on Compulsory Labeling Nigel Barrella, Sole Practitioner, Washington DC   Review of … Continue reading →

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Transformative work of the day, Pom Wonderful/Halloween edition

Posted on October 30, 2015 by rtushnet

Crafty blogger Cat has created an excellent Halloween costume (more pictures at link): Her purse is a repurposed Pom Wonderful bottle.  Are there possible confusion claims? from Blogger http://ift.tt/1M1758R

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