-
Recent Posts
- surveys/expert evidence of deception still not required in consumer protection claims
- when is a publisher sufficiently beholden to a manufacturer to engage in commercial speech?
- Happy inauguration day to Redbubble in particular: 9th Cir. affirms functionality in Lettuce Turnip the Beet
- Dastardly DoorDash fails to get restaurant complaint dismissed, including under UCL/FAL
- WVa SCt immunizes religious schools and camps for false advertising about services
Recent Comments
Archives
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- June 2013
Categories
- 230
- acpa
- advertising
- antitrust
- art law
- attribution
- blogging
- california
- cfaa
- cfps
- class actions
- cmi
- comics
- commercial speech
- conferences
- consumer protection
- contracts
- copying
- copyright
- counterfeiting
- cultural property
- damages
- dastar
- defamation
- design patent
- dilution
- disclosures
- disparagement
- dmca
- drm
- fan fiction
- fanworks
- fda
- fees
- first amendment
- ftc
- geographic indications
- http://schemas.google.com/blogger/2008/kind#post
- insurance
- jurisdiction
- libraries
- misappropriation
- music
- my lawsuits
- my writings
- parody
- patent
- patents
- preemption
- presentations
- privacy
- procedure
- reading list
- remedies
- right of publicity
- secondary liability
- securities
- standing
- surveys
- teaching
- tortious interference
- trade secrets
- trademark
- traditional knowledge
- Uncategorized
- unconscionability
- unfairness
- warranties
Meta
Tag Archives: contracts
What’s in the box? Not a valid agreement to arbitrate!
Norcia v. Samsung Telecommunications America, LLC, — F.3d —-, 2017 WL 218027, No. 14–16994 (9th Cir. Jan. 19, 2017) Norcia brought a putative class action bringing the usual California claims against Samsung, alleging that Samsung made misrepresentations as to the … Continue reading
Spy Phone v. spy phone: Google loses motion to dismiss TM and other claims
Spy Phone Labs LLC. v. Google Inc., No. 15-cv-03756, 2016 WL 6025469 (N.D. Cal. Oct. 14, 2016) The plaintiff here, an app maker with a registered mark for Spy Phone for a monitoring app, squeaks past dismissal of its trademark … Continue reading
IPSC First Plenary Session
Scarcity of Attention in a World without IP Jake Linford We impose artificial scarcity so authors can pick up sunk costs. But costs of creation have fallen; perhaps © should be narrowed as a result. Wrinkle: attention scarcity. Cheaper dissemination … Continue reading
Notre Dame Deception Roundtable, part 4
Session 4 – Contracts and Securities Discussion Leaders: Greg Klass, Ann Lipton, Andrea Matwyshyn Matwyshyn: there’s a duty to perform in good faith in the US, but no duty to negotiate in good faith. If you have an integration … Continue reading
Private Law & IP, Licensing II
Session 4: Licensing II Moderator: David J. Kappos Karen Sandrik, “Empowering Inventors”: Reformers must understand the law they are planning to reform before trying to reform it. Stephen Smith, Contract Theory. Shiffrin, Divergence of Contract & Promise: two sets … Continue reading
Posted in Uncategorized
Tagged contracts, Licensing II conferences, patent, Private Law & IP
Leave a comment
Private Law and IP: Licensing I
Session 3: Licensing I Moderator: Yonathan Arbel Jonathan M. Barnett, “Why is Everyone Afraid of IP Licensing?”: Conventional view—be wary of encroachment on public domain from licensing transactions. Medley of limitations lay minefield for construction of transactions w/minimum legal risk. … Continue reading
Posted in Uncategorized
Tagged contracts, copyright, patent, Private Law and IP: Licensing I conferences, trademark
Leave a comment
is “this video has been removed for violating the ToS” commercial advertising?
Darnaa, LLC v. Google, Inc., 2015 WL 7753406, No. 15-cv-03221 (N.D. Cal. Dec. 2, 2015) Darnaa posted a music video, Cowgirl, to YouTube. At one point, YouTube removed the video from its original location, later reposting it at a … Continue reading
When does “no contract” mean “mandatory arbitration contract”?
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
Notice and Notice Failure at BU, Panel 4
Orly Lobel – Enforceability TBD: From Status to Contract in IP and Human Capital Law Noncompete agreements: used to blur lines of IP regimes, make it harder to tell what is owned/ownable. Trade secret lawsuits are used in anticompetitive … Continue reading
IPSC: Copyright again
Copyright History Shyam Balganesh University of Pennsylvania Law School The Questionable Origins of the Copyright Infringement Analysis Jerome Frank’s infamous/canonical © infringement test from Arnstein v. Porter, influential across the country. Step 1: actual copying, dissection allowed, expert testimony … Continue reading