Tag Archives: first amendment

TM scholars’ roundtable, part 5

Posted on April 16, 2018 by rtushnet

Session 3: The Implications of Tam (and Brunetti) What are the implications of the Tam Court’s First Amendment analysis for other subsections of Lanham Act Section 2?  What are the implications beyond Section 2?  For example, is dilution protection now … Continue reading →

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YouTube’s claims about allowing free speech are merely puffery, court holds

Posted on March 30, 2018 by rtushnet

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading →

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YouTube’s claims about allowing free speech are merely puffery, court holds

Posted on March 30, 2018 by rtushnet

Prager University v. Google LLC, No. 17-CV-06064, 2018 WL 1471939 (N.D. Cal. Mar. 26, 2018) Prager’s “mission” is to “provide conservative viewpoints and perspectives on public issues that it believes are often overlooked or ignored” by creating educational videos, though, … Continue reading →

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“pregnancy center” wasn’t commercial speaker and couldn’t be forced to disclose anti-abortion stance via mandatory label

Posted on January 8, 2018 by rtushnet

Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor of Baltimore, 2018 WL 298142 (4th Cir. Jan. 5, 2018) The court of appeals affirmed the invalidation of an ordinance requiring pregnancy clinics that do not offer or refer for abortions … Continue reading →

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Natural/organic cigarette claims might be deceptive (with bonus First Amendment talk)

Posted on December 29, 2017 by rtushnet

In re Santa Fe Natural Tobacco Co. Mkting & Sales Practices & Prods. Liab. Litig., 2017 WL 6550897, No. MD 16-2695 (D.N.M. Dec. 21, 2017) Lots of claims here against Natural American Cigarettes. Ultimately, the court allows consumer protection claims … Continue reading →

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section 2 refusals are subject to Reed strict scrutiny, Fed. Cir. rules

Posted on December 21, 2017 by rtushnet

In re Brunetti, No. 2015-1109  (Fed. Cir. Dec. 15, 2017) Brunetti wanted to register FUCT; the TTAB affirmed a refusal to register on scandalousness grounds.  The Federal Circuit here deals the inevitable deathblow to scandalousness as a registration bar, but … Continue reading →

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reasonable consumers expect real estate agents to be licensed, but remedies are still limited by the 1A

Posted on November 30, 2017 by rtushnet

People ex rel. Flippo v. Silva, 2017 WL 5712601, No. H041209 (Cal. Ct. App. Nov. 28, 2017) Susana Silva operated Estates on the Bay, which advertised itself as a professional real estate company, while her real estate broker’s license was … Continue reading →

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Reading list: scientific claims and anti-fraud laws

Posted on October 18, 2017 by rtushnet

Shannon Roesler, Evaluating Corporate Speech About Science (forthcoming, Geo. L.J. 2018) Pull quote: “[C]onsumer protection laws should encourage accurate representations of contemporaneous scientific knowledge, rather than lucky guesses about the state of scientific knowledge in the future.”  Amen. Abstract: How … Continue reading →

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Fantasy gambling is newsworthy, doesn’t violate players’ rights of publicity

Posted on October 5, 2017 by rtushnet

Daniels v. FanDuel, Inc., No. 16-cv-01230 (S.D. Ind. Sept. 29, 2017) Akeem Daniels, Cameron Stingily, and Nicholas Stoner played college football and sued FanDuel and DraftKings for violating their Indiana right of publicity. Defendants run fantasy sports websites and mobile … Continue reading →

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Harvard JOLT seeks submissions

Posted on September 26, 2017 by rtushnet

The Harvard Journal of Law and Technology is one of the leading journals covering the ever-developing interaction between law and technology. JOLT Digest is the Journal’s online-only companion, providing timely updates and new perspectives on recent developments in technology law, … Continue reading →

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