Tag Archives: first amendment

Second Circuit upholds law against “credit surcharges” that allows “cash discounts”

Posted on February 22, 2016 by rtushnet

Expressions Hair Design v. Schneiderman, 803 F. 3d 94 (2d Cir. 2015)   Somehow I missed this when it came out last September! New York General Business Law § 518 provides that “[n]o seller in any sales transaction may impose … Continue reading →

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IPSC Session 2: Trademark 1

Posted on February 19, 2016 by rtushnet

Trademark 1   Paul Heald, Testing Theories of Tarnishment in Trademark and Copyright Law   Tarnishment should be treated like false advertising: you should have to prove some (likely) damage to your TM to win, rather than presumptions.  Tarnishment is … Continue reading →

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No compelling interest in right of publicity for private figure, 9th Circuit rules

Posted on February 18, 2016 by rtushnet

Sarver v. Chartier, No. 11-56986 (9th Cir. Feb. 17, 2016)   Shorter opinion about why the film The Hurt Locker didn’t violate Army Sergeant Jeffrey Sarver’s right of publicity: “video games are different.”  Sarver led a team in Iraq to … Continue reading →

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Warning sign for the First Amendment: safety signs unconstitutional?

Posted on February 8, 2016 by rtushnet

PSEG Long Island LLC v. Town of North Hempstead, No. 15-cv-0222 (E.D.N.Y. Feb. 3, 2016)   Around the country, construction companies and similar businesses are routinely required to post warning signs of various sorts in order to proceed with their … Continue reading →

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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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