Tag Archives: first amendment

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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Shoulda left my phone at home: court upholds most mandatory disclosure of radiation risks

Posted on October 1, 2015 by rtushnet

CTIA – The Wireless Association v. City of Berkeley, No. C-15-2529 (N.D. Cal. Sept. 21, 2015)   CTIA is a nonprofit that represents the wireless industry, including cell phone retailers.  Berkeley enacted an ordinance that requires cell phone retailers to … Continue reading →

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New paper on deceptive advertising from Seana Shiffrin

Posted on September 23, 2015 by rtushnet

Seana Shiffrin, Deceptive Advertising and Taking Responsibility for Others, Oxford Handbook of Food Ethics, ed. Tyler Doggett, Anne Barnhill and Mark Budolfson, Forthcoming: This paper considers how the law of deceptive advertising embeds within it an extended form of responsibility, … Continue reading →

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First Amendment invalidates anti-solicitation ordinance in tourist district

Posted on September 8, 2015 by rtushnet

FF Cosmetics FL Inc. v. City of Miami Beach, No.. 14-cv-22072, 2015 WL 5145548 (S.D. Fla. Aug. 31, 2015)   Plaintiffs run stores in Miami Beach, selling cosmetics, skin care, and beauty products on Lincoln Road, in the City’s historic … Continue reading →

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Fifth Circuit upholds mandatory self-abnegating disclosure to correct competitor’s harassment

Posted on August 26, 2015 by rtushnet

Test Masters Educational Services, Inc. v. Robin Singh Educational Services, Inc., No. 13-20250 (5th Cir. Aug. 21, 2015)   The parties, test prep companies, have competing claims to TESTMASTERS as a trademark, and have been litigating for over a decade.  … Continue reading →

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DC Circuit panel doubles down on invalidating conflict minerals disclosure

Posted on August 24, 2015 by rtushnet

Nat’l Ass’n of Mfgrs v. SEC, No. 13-5252 (D.C. Cir. Aug. 18, 2105)   After the AMI en banc decision, the panel granted rehearing of National Association of Manufacturers v. SEC, 748 F.3d 359 (D.C. Cir. 2014).  The panel, over … Continue reading →

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BBB claims about its own ratings process not protected by First Amendment

Posted on July 22, 2015 by rtushnet

Caribbean Cruise Line, Inc. v. Better Business Bureau of Palm Beach County, Inc., No. 4D13-3916 (Fla. Ct. App. June 3, 2015) Expect more detailed analysis from Ann Lipton soon.   CC received an F grade from BBB and sued for … Continue reading →

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