Tag Archives: first amendment

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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9th Circuit is sour on sugar-sweetened beverage disclosure

Posted on September 21, 2017 by rtushnet

American Beverage Association v. City and County of San Francisco, No. 16-16072 (9th Cir. Sept. 19, 2017) Plaintiffs challenged a SF ordinance requiring warnings about the health effects of certain sugar-sweetened beverages (SSBs) on certain fixed advertising (e.g., billboards) in … Continue reading →

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Reading list: consequences of 1A protections for off-label promotion

Posted on September 18, 2017 by rtushnet

Patricia J. Zettler, The Indirect Consequences of Expanded Off-Label Promotion, Ohio State Law Journal, Forthcoming  The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five … Continue reading →

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4th Cir. holds certification nonprofit’s self-promotion to retailers is commercial speech

Posted on August 24, 2017 by rtushnet

Handsome Brook Farm, LLC v. Humane Farm Animal Care, Inc., No. 16-1813, 2017 WL 3601506, — F. Appx. – (4th Cir. Aug. 22, 2017) The court of appeals affirmed the district court ruling that a nonprofit egg certifier’s disparagement of … Continue reading →

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When life gives you Lemonade: court preserves copyright complaint against Beyoncé

Posted on July 31, 2017 by rtushnet

Estate of Barré v. Carter, No. 17-1057, 2017 WL 3188489 (E.D. La. Jul. 25, 2017) Plaintiffs alleged that they owned in the copyright in two YouTube videos created by Anthony Barré, a performance comedian and music artist from New Orleans … Continue reading →

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New piece on the right of publicity and its limits

Posted on June 10, 2017 by rtushnet

Rebecca Tushnet, Raising Walls Against Overlapping Rights: Preemption and the Right of Publicity, 92 NOTRE DAME L. REV. 1549 (2017). from Blogger http://ift.tt/2s6h652

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a true story of a false advertising claim based on a “true story”

Posted on May 12, 2017 by rtushnet

Incarcerated Entertainment, LLC v. Warner Bros. Pictures, No. 16-cv-1302 (M.D. Fla. May 10, 2017) Plaintiff alleged that it owned the rights to the life story of Efraim Diveroli and sued Warner for false advertising and unfair competition, based on Warner’s … Continue reading →

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split panel upholds Berkeley cell disclosure law

Posted on May 1, 2017 by rtushnet

CTIA-The Wireless Ass’n v. City of Berkeley, No. 16-15141 (9th Cir. Apr. 21, 2017) A City of Berkeley ordinance requires cell phone retailers to inform prospective cell phone purchasers that carrying a cell phone in certain ways may cause them … Continue reading →

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Reed invalidates highway sign distance and permit regulations

Posted on April 10, 2017 by rtushnet

Thomas v. Schroer, 2017 WL 1208672, No. 13-cv-02987 (W.D. Tenn. Mar. 31, 2017) Reed may or may not work a sea change in First Amendment law generally, but it has definitely worked a sign change. The Tennessee Department of Transportation … Continue reading →

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