Tag Archives: first amendment

Puerto Rico registration can’t constitutionally extend elsewhere

Posted on December 17, 2015 by rtushnet

Puerto Rico Coffee Roasters LLC v. Pan American Grain Manufacturing Co., Inc., 2015 WL 8551102, No. 3:15–CV–02099 (D.P.R. Dec. 11, 2015)   P.R. Coffee Roasters, which sells “Café Rico” coffee in P.R., sued Pan American for trademark infringement, false advertising, … Continue reading →

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FDLI symposium: special topics

Posted on October 30, 2015 by rtushnet

Special Topics FDA Regulation of Genomic Testing and the First Amendment Barbara Evans, Professor, University of Houston Law Center   Of companies in clinical sequencing industry: 10 of 68 do sequencing only; 21 of 68 annotation and interpretation only. That … Continue reading →

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FDLI symposium: John Coates keynote on deconstitutionalizing corporate speech

Posted on October 30, 2015 by rtushnet

John Coates, John F. Cogan, Jr. Professor of Law and Economics, Research Director, Center on the Legal Profession, Harvard Law School: Re-de-constitutionalizing Corporate & Commercial Speech   What I see as a mess in my space is even more of … Continue reading →

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FDLI symposium part 2: First Amendment/Commercial Speech

Posted on October 30, 2015 by rtushnet

Session 2: Constraints on Commercial Speech and the First Amendment   Moderator: Richard Cleland, Assistant Director, Federal Trade Commission, Bureau of Consumer Protection   Tracing the FTC’s Line Between Advertising and Free Speech Katie Bond, Senior Associate, Kelley Drye   … Continue reading →

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FDLI symposium on constitutional challenges to FDA

Posted on October 30, 2015 by rtushnet

FDLI Symposium: Constitutional Challenges to FDA Law & Regulation   Session 1:  Compelled Speech Moderator: Allison Zieve, Director, Public Citizen Litigation Group, Vice-Chair, FDLI   First Amendment Limits on Compulsory Labeling Nigel Barrella, Sole Practitioner, Washington DC   Review of … Continue reading →

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Registration symposium at William & Mary, part 2

Posted on October 23, 2015 by rtushnet

Rebecca Tushnet: And now for something different!  I’ve been asked to speak about the implications of the Pro-Football case and decisions made by the courts with regards to the trademark process and freedom of speech.  Thanks to Fred Schauer and … Continue reading →

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Right of Publicity Workshop Part 3

Posted on October 17, 2015 by rtushnet

Relationship to Copyright law/Relationship to Trademark law    Dryer v. NFL will be argued to the 8th Cir. challenged by retired NFL players to continued airing of programs recounting their exploits in actual games.  Survived a motion to dismiss.  After … Continue reading →

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Right of publicity workshop part 2

Posted on October 17, 2015 by rtushnet

How is the “right” to be reconciled with the First Amendment?     Could be part of the vast universe of communication that isn’t protected speech: Fred Schauer’s writing.  Contracts aren’t protected by 1A, etc.  Could just be market behavior. That … Continue reading →

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Right of publicity workshop at Yale

Posted on October 17, 2015 by rtushnet

Right of Publicity Workshop Yale Law School Information Society Project Abrams Institute for Freedom of Expression   Chatham House rules apparently allow me to disclose my own participation, but not that of others, so I’ll just take some notes on … Continue reading →

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CFP: Intermediary liability

Posted on October 13, 2015 by rtushnet

Intermediary Liability: How to Kill Content on the Internet. Thanks to statutes like Section 230 of the Communications Decency Act and even the Digital Millennium Copyright Act, intermediaries in the United States are at least theoretically shielded from liability for … Continue reading →

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