-
Recent Posts
- Third Circuit follows Second in protecting medical journals against trade libel claims
- “Safe” not puffery in context of electric dog collars
- Protecting Creativity with a Bottle of Jack on the Floribama Shore (and tiny JDI oral argument observations)
- Another digital “buy” button case survives motion to dismiss
- Supplement guide was plausibly an agent of supplement company; direct and secondary liability available
Recent Comments
Archives
- March 2023
- February 2023
- November 2021
- October 2021
- September 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- 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: false endorsement
Video game skates away from liability to pro skateboarder
Miller v. Easy Day Studios Pty Ltd, 2021 WL 4209205, No. 20cv02187-LAB-DEB (S.D. Cal. Sept. 16, 2021) Gordon v. Drape did mess things up in the Ninth Circuit, but core Rogers cases are still simple. Defendants paid Zachary Miller, a … Continue reading
lawyer doesn’t make use in commerce by negotiating for client
Big Ligas, LLC v. Yu, 2021 WL 1518993, No. 20-23719-Civ-Scola (S.D. Fla. Apr. 16, 2021) Big Ligas is owned by three members equally: Daniel Echavarria, also known as Ovy; Christian Andres Salazar; and Paulo Londra. Ovy and Salazar are the … Continue reading
Robinhood’s newsletter isn’t commercial advertising
Jackson v. Robinhood Markets, Inc., 2021 WL 2435307, No. 21-cv-02304-LB (N.D. Cal. Jun. 15, 2021) Jackson, known professionally as Ice Cube, sued after Robinhood used his image and a paraphrase of a line from his song “Check Yo Self” to … Continue reading
affiliation claim true when sent out to consumers can’t be false endorsement
Klayman v. Judicial Watch, Inc., — F.4th —-, 2021 WL 3233953, No. 19-7105 (D.C. Cir. 2021) Larry Klayman founded and ran the conservative activist group Judicial Watch, but the relationship ended badly in 2003. “During the fifteen years of ensuing … Continue reading
Models’ false endorsement claims fail for want of recognition, bad survey
Souza v. Exotic Island Enterprises, Inc., No. 18-CV-9448 (KMK), 2021 WL 3501162 (S.D.N.Y. Aug. 9, 2021) Another in the burgeoning genre of models suing “adult” clubs for using unauthorized images in online ads for the clubs. As this case shows, … Continue reading
Rebecca Tushnet 