Tag Archives: secondary liability

false advertising trolling, consumer protection, or both

I wrote about a couple of cases filed by a supplement maker, Outlaw, against retailers that sold allegedly unlawful “male enhancement” supplements that the FDA has issued warnings on—sometimes the “supplements” illegally contain pharmaceuticals like sildenafil (active ingredient in Viagra).  … Continue reading

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CopyrightX: Article 13

Panel Two: Online Service Providers, Automated Anti-piracy Systems, and Article 13 [like CDA 230, it may never lose the initial number even if it no longer fits the statutory numbering] Moderator: Jennifer Esch Giancarlo Frosio: Copyright and Article 13 Summary … Continue reading

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She don’t lie, but the pharmaco might: cocaine false advertising case continues

Genus Lifesciences Inc. v. Lannett Company, Inc., 2019 WL 1981186, No. 18-cv-07603-WHO (N.D. Cal. May 3, 2019) Genus competes with Lannett in the market for cocaine hydrochloride nasal spray. It sued Lannett for false advertising and maintaining a monopoly related … Continue reading

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court rejects contributory false advertising under Lanham Act

Telebrands Corp. v. My Pillow, Inc., 2019 WL 1923410, No. 18-CV-06318 (N.D. Ill. Apr. 30, 2019) Telebrands sued My Pillow (maker of a “patented pillow product,” which I’m so tempted to call PPP) for breach of contract, breach of implied … Continue reading

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Section 512 roundtable, open mic

Open mic Janis Pilch, Rutgers U: domestically it seems obvious that litigation on 512 can’t change the systemic problem of infringement and the impossibility for most rightsholders to litigate. 512 sets up a permanent conflict b/t service providers and rightsholders.  … Continue reading

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Section 512 roundtable, part 4: International

SESSION 4: International Developments      Carlo Scollo Lavizzari International STM Association: (Scientific Technical Medical publishers, also arts & humanities publications.) Internet hasn’t been static. Dynamic developments in Europe from platform liability and safe harbor to one of responsibility, not just from … Continue reading

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Section 512 roundtable part 3

SESSION 3: Domestic Developments             Richard James Burgess American Association of Independent Music: Not much different from 2016. Notice and takedown hasn’t helped with staydown; still need to send lots of notice. Optimistic about EU Copyright Directive. Alex Feerst Medium: … Continue reading

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