Tag Archives: first amendment

IPSC Opening Plenary Session

Posted on August 3, 2023 by rtushnet

 Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. Non expressive uses: … Continue reading →

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over aggressive partial dissent, 11th Cir. allows some class claims against Ford “track ready” claims to proceed

Posted on July 20, 2023 by rtushnet

Tershakovec v. Ford Motor Company, Inc., — F.4th —-, 2023 WL 4377585, No. 22-10575 (11th Cir. Jul. 7, 2023) Discussion of district court opinion. Ford advertised its Shelby GT350 Mustang as “track ready.” “But some Shelby models weren’t equipped for … Continue reading →

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fake meat law reinstated on appeal: intentionally misleading commercial speech gets no protection

Posted on April 25, 2023 by rtushnet

Turtle Island Foods, S.P.C. v. Strain, No. 22-30236 (5th Cir. Apr. 12, 2023) Reversing the district court, the court of appeals found that Tofurkey’s facial challenge to a Louisiana anti-fake meat law failed because the law plausibly could be read … Continue reading →

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Bad Spaniels: trademark parody and fair use doctrines at Northeastern, Apr. 13, 4 pm

Posted on April 10, 2023 by rtushnet

Join Professor Rebecca Tushnet and Professor Alexandra J. Roberts for a conversation about Jack Daniels v. VIP Products. Register here. Date and time Thursday, April 13 · 4 – 5:30pm EDT Location Northeastern University School of Law 416 Huntington Avenue Boston, … Continue reading →

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Third Circuit follows Second in protecting medical journals against trade libel claims

Posted on March 27, 2023 by rtushnet

Pacira Biosciences, Inc. v. American Soc’y of Anesthesiologists, Inc., — F.4th —-, 2023 WL 2621131, No. 22-1411 (3d Cir. Mar. 24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the … Continue reading →

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New paper: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny

Posted on March 15, 2023 by rtushnet

On SSRN, in advance of the JDI v. VIP case: Bad Spaniels, Counterfeit Methodists, and Lying Birds: How Trademark Law Reinvented Strict Scrutiny Abstract: Does trademark law cover noncommercial speech, defined as it is in First Amendment doctrine as speech … Continue reading →

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Vegan butter wins again

Posted on August 18, 2021 by rtushnet

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 10, 2021) Preliminary injunction discussed here; now it’s summary judgment time. The state is allowed to regulate “hormone free” on Miyoko’s “vegan butter,” but Miyoko’s is allowed to use the words/phrases … Continue reading →

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CA’s Prop 65 warning unconstitutional for acrylamide warnings for being scientifically overcertain

Posted on August 10, 2021 by rtushnet

California Chamber of Commerce v. Becerra, 2021 WL 1193829, No. 2:19-cv-02019-KJM-EFB (E.D. Cal. Mar. 30, 2021) California allegedly compelled businesses to display misleading warnings about the dangers of acrylamide, a carcinogen. The Council for Education and Research on Toxics (CERT) … Continue reading →

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Videos in conjunction with my advertising law class

Posted on February 1, 2021 by rtushnet

 In this pandemic year, I’m experimenting with short videos as part of the pre-class materials. They generally elaborate on a point to set up class discussion. I’m sharing them because, as Tom Lehrer says, they might prove useful to some … Continue reading →

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I can’t believe it’s not (vegan) butter: First Amendment invalidates standard of identity for butter as applied to vegan product

Posted on September 8, 2020 by rtushnet

Miyoko’s Kitchen v. Ross, No. 20-cv-00893-RS (N.D. Cal. Aug. 21, 2020) Eric Goldman’s far more anti-regulatory take is here. The California Department of Food and Agriculture told Miyoko’s not to call its “vegan butter” product “butter” (it challenged certain other … Continue reading →

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