Tag Archives: first amendment

Right of Publicity, Litigating the Claims

Litigating the Claims Rick Kurnit: told the story of litigating the White case, in which the author of the panel opinion didn’t know what a letter-turner was. Had to go to trial with a jury, all of which regularly watched … Continue reading

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Right of Publicity panel, Abrams Institute for Freedom of Expression

From Yale Law School’s Abrams Institute for Freedom of Expression Commercial Speech and the First Amendment: Does the Right of Publicity Transcend Commercial Speech? Jennifer Rothman: Right of Publicity? Right of Privacy? Rothman gave a keynote summarizing highlights of her … Continue reading

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TM scholars’ roundtable, part 5

Session 3: The Implications of Tam (and Brunetti) What are the implications of the Tam Court’s First Amendment analysis for other subsections of Lanham Act Section 2?  What are the implications beyond Section 2?  For example, is dilution protection now … Continue reading

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YouTube’s claims about allowing free speech are merely puffery, court holds

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading

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YouTube’s claims about allowing free speech are merely puffery, court holds

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading

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“pregnancy center” wasn’t commercial speaker and couldn’t be forced to disclose anti-abortion stance via mandatory label

Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor of Baltimore, 2018 WL 298142 (4th Cir. Jan. 5, 2018) The court of appeals affirmed the invalidation of an ordinance requiring pregnancy clinics that do not offer or refer for abortions … Continue reading

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Natural/organic cigarette claims might be deceptive (with bonus First Amendment talk)

In re Santa Fe Natural Tobacco Co. Mkting & Sales Practices & Prods. Liab. Litig., 2017 WL 6550897, No. MD 16-2695 (D.N.M. Dec. 21, 2017) Lots of claims here against Natural American Cigarettes. Ultimately, the court allows consumer protection claims … Continue reading

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