Category Archives: Uncategorized

No dog in this fight: PTO makes a cancelled mark incontestable

Posted on April 10, 2015 by rtushnet

Nola Spice Designs, LLC v. Haydel Enterprises Inc., No. 13-30918, — F.3d – (5th Cir. Apr. 8, 2015)   Opinion below, rejecting trademark and copyright claims based on competing Mardi Gras bead dog designs. (And a reminder: sending a DMCA … Continue reading →

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Fraudulent concealment allegations preserve Lanham Act claim

Posted on April 9, 2015 by rtushnet

In re Honey Transshipping Litigation, No. 13–cv–2905, 2015 WL 1539034 (N.D. Ill. Mar. 31, 2015)   The class plaintiffs sued for violations of the Lanham Act and RICO; I’m just discussing claims against defendant Honey Solutions. The claims came from … Continue reading →

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Restitution available for false discounts even if goods were ok

Posted on April 9, 2015 by rtushnet

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015)   Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting … Continue reading →

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ABA Blawg 100

Posted on November 25, 2014 by rtushnet

Once again, I’m delighted to have been nominated, and I’d appreciate your vote, though there are many great contenders, including my co-author Eric Goldman (under Tech for some reason). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Time to make the DMCA exemptions

Posted on November 4, 2014 by rtushnet

Requests will be collected here as the day continues.  The EFF and the OTW jointly requested a remix exemption for DVD,  Blu-Ray, and streaming video. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Self-promotion: ABA Blawg 100

Posted on July 11, 2014 by rtushnet

So it’s come to this: the ABA Blawg 100 is coming around again, and if you like 43(b)log, I’d love your help staying on it!  You can nominate by following this link.  Thanks! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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ABA Journal Blawg 100

Posted on November 26, 2013 by rtushnet

I’m on the ABA Journal’s Blawg 100, which is a real treat!  Check out the many worthy news sources there. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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Chat rooms in history

Posted on November 7, 2013 by rtushnet

The Boston Globe’s 1960s Confidential Chat has it all, from pseudonyms to flame wars about women who worked outside the home v. women who didn’t.  The more things change … Full-Time Homemaker No Longer Justified?: Confidential Chat, Boston Globe, Feb 11, … Continue reading →

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belated defense of law reviews

Posted on October 28, 2013 by rtushnet

Sadly, this post has been delayed while I got an overdue article off my plate!  The NYT’s Adam Liptak writes about law reviews, with this unhelpful comparison: “The judge, lawyer or ordinary reader looking for accessible and timely accounts or … Continue reading →

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Rebooted website

Posted on June 28, 2013 by rtushnet

Welcome!  My main blog is Rebecca Tushnet’s 43(b)log. Here’s where I’ll post my writings, my exams, and other things, such as my grandfather Leonard Tushnet’s writings as I scan them.

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