Tag Archives: first amendment

Doctor’s evaluation of another doctor’s treatment isn’t commercial speech

Tobinick v. Novella, No. 15-14889 (11th Cir. Feb. 15, 2017) Ultimately, despite a long battle, this is a relatively easy case about “the medical viability of a novel use for a particular drug.”  Dr. Tobinick (plaintiff, along with related entities) … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Identifying Boundaries in Patent and Trademark Law.

The American University Law Review is proud to present its annual Federal Circuit symposium,  Panel 2: Trademarks First Amendment Freedom of Speech and Trademarks: What Is, and What Should Be, the Relationship Between the Two? Christine Farley, American University Washington … Continue reading

Posted in Uncategorized | Tagged , , , | Leave a comment

Pipe dreams: expert spokesperson liable for false statements about competing product

Underground Solutions, Inc. v. Palermo, 188 F. Supp. 3d 717 (N.D. Ill. 2016) This case is part of contentious relations between Eugene Palermo, a scientist/paid expert for one underground pipe maker, and UGSI, a maker of competing pipe.  Previous case … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

It’s a Tam, Tam, Tam world

Along with a podcast for the American Constitution Center and an NPR interview running the morning of the Tam argument (next Wednesday), I’ll also be on a post-argument panel at AU–the panel before features none other than Tam himself. American … Continue reading

Posted in Uncategorized | Tagged , , , , , | Leave a comment

Reading list: anti-surcharge rules and behavioral economics

Todd J. Zywicki, Geoffrey A. Manne & Kristian Stout, Behavioral Law & Economics Goes to Court: The Fundamental Flaws in the Behavioral Law & Economics Arguments Against No-Surcharge Laws I found this quite interesting, though I am much less skeptical … Continue reading

Posted in Uncategorized | Tagged , , | Leave a comment

Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , | Leave a comment

Notre Dame Law Review Symposium, Negotiating IP’s Boundaries in an Evolving World

Panel One – Moderated by Joseph D. Bauer Mark P. McKenna, Notre Dame Law School & Lucas S. Osborn, Campbell Law School, “Trademarks and Digital Goods” BMW sued Turbosquid for hosting digital models of BMW cars—models could be used in … Continue reading

Posted in Uncategorized | Tagged , , , , , , , , | Leave a comment