Tag Archives: first amendment

Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases

Posted on November 8, 2023 by rtushnet

PLI Media Law conference RT: There’s been a rapid and somewhat disorienting shift from a seemingly ever-growing First Amendment freedom of speech to a seeming indifference to speech and press based claims (as contrasted to religious freedom claims) in many … Continue reading →

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What’s next after Elster?

Posted on November 3, 2023 by rtushnet

UNH symposium: Section Two Small Panel III – What’s Next? Moderated by Peter Karol, UNH Franklin Pierce School of Law RT: Organized my remarks in response to the oral arguments in Elster, hopefully not too repetitive. Strong job by gov’t … Continue reading →

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Panels on Exploring the New Constitutional Limits on Trademark Law

Posted on October 10, 2023 by rtushnet

FRIDAY, NOV 3 2023 8:45AM – 3:30PM More info ADVANCED REGISTRATION REQUIRED ATTEND AT THE UNIVERSITY OF NEW HAMPSHIRE FRANKLIN PIERCE SCHOOL OF LAW OR BY ZOOM. Full program. from Blogger http://tushnet.blogspot.com/2023/10/panels-on-exploring-new-constitutional.html

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Proximate cause defeats false advertising claims against standard setting body allegedly packed by competitors

Posted on September 22, 2023 by rtushnet

Geomatrix, LLC v. NSF International, — F.4th —-, 2023 WL 5925977, No. 22-1947 (6th Cir. Sept. 12, 2023) Discussion of opinion below. Geomatrix sells a septic system that substantially differs from those sold by its competitors. It asserts defendants, those … Continue reading →

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Free Speech Challenges to the Inflation Reduction Act

Posted on August 29, 2023 by rtushnet

 With Sean Tu, at JAMA. Given how short the piece had to be, we had to cut out some other examples, but the claim is still a good example of the metastasizing First Amendment. from Blogger http://tushnet.blogspot.com/2023/08/free-speech-challenges-to-inflation.html

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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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