Tag Archives: first amendment

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

Posted on November 14, 2016 by rtushnet

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 →

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Airbnb had a bad day too: court rejects 230, First Amendment challenges to SF rental ordinance

Posted on November 9, 2016 by rtushnet

Airbnb, Inc. v. City and County of San Francisco, 16-cv-03615 (N.D. Cal. Nov. 8, 2016) Airbnb and HomeAway sought to enjoin SF’s ordinance making it a misdemeanor to provide booking services for unregistered rental units.  The court denied a preliminary … Continue reading →

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misbranding is still a thing despite First Amendment, court rules

Posted on October 4, 2016 by rtushnet

United States v. Vascular Solutions, Inc., No. SA-14-CR-926, — F.Supp.3d —-, 2016 WL 5475999 (W.D. Tex. Jan. 27, 2016) Defendants sell a medical device which permanently closes varicose veins using a laser, allowing healthier veins to move blood.  The device … Continue reading →

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Speech in study would be commercial if knowingly false, court rules

Posted on September 26, 2016 by rtushnet

Crossfit, Inc. v. National Strength & Conditioning Ass’n, 2016 WL 5118530,  No. 14cv1191 (S.D. Cal. Sept. 21, 2016) CrossFit generates revenue by credentialing and certifying fitness trainers for a fee and through licensing the CrossFit trademark and other intellectual property … Continue reading →

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CustomMade doesn’t know about USOC’s anti-free-speech stance

Posted on August 15, 2016 by rtushnet

Or has taken Nick Fury’s excellent approach.  Consider this email below: pure truth, from all that appears.  Even assuming SFAA is still good law, shouldn’t the First Amendment protect this speech? From the Olympics to the jeweler’s bench: Nana Smith competed … Continue reading →

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IPSC Breakout Session III

Posted on August 12, 2016 by rtushnet

IP & Privacy Exploring Privacy as Commons Katherine Strandburg & Brett Frischmann Knowledge production/privacy as highly related, not orthogonal/opposed.  Knowledge production framework as a way of doing descriptive empirical case studies of how privacy works in context, which can aid … Continue reading →

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Reading list: the First Amendment and the FDA

Posted on July 26, 2016 by rtushnet

Christopher Robertson, A Trojan Horse? How Expansion of the First Amendment Threatens Much More than the Regulation of Off-Label Drugs, forthcoming, __ Ohio State Law Journal __ (2017) Abstract: Scholars, advocates, and courts have begun to recognize a First Amendment … Continue reading →

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Commercial speech: strategic issues

Posted on June 13, 2016 by rtushnet

Strategic Issues:  What questions are we asking now? Where is the law going?   Moderator:  Timothy L. Alger, Greenberg Traurig LLP: In today’s economy, what isn’t an ad?  Is the death of the commercial/noncommercial distinction inevitable?   A: depends on … Continue reading →

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Brand journalism: sponsored content/the 1A

Posted on June 13, 2016 by rtushnet

Brand Journalism, Sponsored Content and the First Amendment   Moderator:   Scott Dailard, Cooley LLP   Mary K. Engle, Federal Trade Commission, Associate Director, Division of Advertising Practices: We’re going to proceed as if there is a commercial/noncommercial divide.  To hold … Continue reading →

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The definition of commercial speech

Posted on June 13, 2016 by rtushnet

Commercial Speech:  The Definition Matters Moderators:  Chris Beall, Levine Sullivan Koch & Schulz LLP and Bruce Johnson, Davis Wright Tremaine LLP   Steven G. Brody, Morgan, Lewis & Bockius LLP: We barely spoke about the definition of commercial speech. Why?  … Continue reading →

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