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Rebecca Tushnet's 43(B)log: Tiffany, blue

http://tushnet.blogspot.com/2008/07/tiffany-blue.html

False advertising and more. Tuesday, July 15, 2008. US IP blogs are abuzz with the Tiffany’s v. eBay. It’s certainly a major victory for eBay, and by extension perhaps numerous other internet services. The nominative fair use determinations for eBay’s on-site banners and off-site search engine optimization are particularly welcome. The decision on secondary liability seems well-reasoned to me. Eric Goldman does a general reaction post. That touches all the bases. Of course, it may well be the case that &...

tushnet.blogspot.com

Rebecca Tushnet's 43(B)log: Blue-sky law: court rejects false advertising claim

http://tushnet.blogspot.com/2007/06/blue-sky-law-court-rejects-false.html

False advertising and more. Monday, June 18, 2007. Blue-sky law: court rejects false advertising claim. Chavez v. Blue Sky Natural Beverage Co., 2007 WL 1691249 (N.D. Cal.). Defendants make beverages under a variety of brand names. In late 2000, they acquired the Blue Sky natural soda business from the Blue Sky Natural Beverage Co., a Santa Fe, NM-based company in business since 1980. Blue Sky beverages are not manufactured or bottled anywhere in New Mexico. Moreover, one month after the acquisition, the...

tushnet.blogspot.com

Rebecca Tushnet's 43(B)log: commercial advertising or promotion post-Lexmark

http://tushnet.blogspot.com/2015/03/commercial-advertising-or-promotion.html

False advertising and more. Friday, March 20, 2015. Commercial advertising or promotion post-Lexmark. Tobinick v. Novella, No. 9:14–CV–80781, 2015 WL 1191267 (S.D. Fla. Mar. 16, 2015). Plaintiffs sued Novella as well as the Society for Science-Based Medicine. Whose responsibility for the articles was “far from clear.”. The articles weren’t posted on the Society’s website, though there’s a link to the first article on its wiki. The articles were and remained posted on the Science-Based Medicine blog.

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Rebecca Tushnet's 43(B)log: 11th Circuit recognizes contributory false advertising theory

http://tushnet.blogspot.com/2015/08/11th-circuit-recognizes-contributory.html

False advertising and more. Wednesday, August 12, 2015. 11th Circuit recognizes contributory false advertising theory. Duty Free Americas, Inc. v. Estee Lauder Companies, Inc., - - F.3d - - (2015), 2015 WL 4709573, No. 14–11853 (11th Cir. Aug. 7, 2015). Plaintiff DFA operates duty free stores in many international airports nationwide. Interested duty free operators bid for space, explaining what they’d carry and how much they’d pay. Newcomers to the duty free beauty products market are apparently rare.

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Rebecca Tushnet's 43(B)log: IPSC, Copyright Theory III

http://tushnet.blogspot.com/2015/08/ipsc-copyright-theory-iii.html

False advertising and more. Friday, August 07, 2015. Abraham Bell, Bar Ilan University. The Dual-Grant Theory of Fair Use. Granted rights are limited in order to avoid unnecessarily exceeding the requirements for incentivizing. Fair use is a broad reservation of privileges for the public during the term of protection. Maximizing incentives with broad rights, but also broad privileges—alternative would be fewer rights or more limited times. Proposed two-step test: (1) is this a presumptively fair use?

tushnet.blogspot.com

Rebecca Tushnet's 43(B)log: Ad of the day: does Louboutin have a claim?

http://tushnet.blogspot.com/2015/08/ad-of-day-does-louboutin-have-claim.html

False advertising and more. Friday, August 07, 2015. Ad of the day: does Louboutin have a claim? Would any of the dilution exceptions apply? Subscribe to: Post Comments (Atom). Bright young [wo]man"/"Yo, who the F is this? Twitter (repost of blog). Court rejects stay, orders recall in pregnancy tes. Upset tummies at P&G: Sixth Circuit affirms class . Fifth Circuit upholds mandatory self-abnegating di. DC Circuit panel doubles down on invalidating conf. The platonic ideal of fair use: critical remix of .

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Rebecca Tushnet's 43(B)log: IPSC, Copyright and Society

http://tushnet.blogspot.com/2015/08/ipsc-copyright-and-society.html

False advertising and more. Thursday, August 06, 2015. Standing on the shoulders of giants: research and teaching is based on preexisting knowledge. Creation of content in education also matters. MOOCs, other forms. Public as distinct from users/“prosumers,” educational institutions, other intermediaries; European collecting societies are intermediaries who collect remuneration and fulfill social and cultural purposes. Reliability and accessibility of resources on multiple devices is required. Desired ou...

tushnet.blogspot.com

Rebecca Tushnet's 43(B)log: IPSC, Copyright Theory II

http://tushnet.blogspot.com/2015/08/ipsc-copyright-theory-ii.html

False advertising and more. Friday, August 07, 2015. Brad Greenberg Columbia Law School. Does having lots of different antennas in one place v. all over the place make a difference to whether there is public performance? Central question of Aereo. Looks like cable, must be cable. Follows a long line of cases about new tech asking whether judges should look inside the machine or just look at the inputs and outputs. The case is thus fairly ordinary. Statutory signals theory applied in Aereo. The choice of ...

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Rebecca Tushnet's 43(B)log: Just in time for Halloween: this should make TM owners shiver

http://tushnet.blogspot.com/2014/10/just-in-time-for-halloween-this-should.html

False advertising and more. Wednesday, October 29, 2014. Just in time for Halloween: this should make TM owners shiver. The Ninth Circuit is not kidding about not presuming irreparable harm in trademark cases. Titaness Light Shop, LLC v. Sunlight Supply, Inc., No. 13-16959 (9th Cir. Oct. 9, 2014). The problem was irreparable harm, as to which conclusory or speculative allegations are not enough. Irreparable harm can include harm to reputation and goodwill, but evidence is required, not mere platitudes.