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10 May 2019, 9:12 am by Eric Goldman
The “foundational assumption of nominative fair use” is indeed that a defendant uses a plaintiff’s marks to reference that plaintiff’s goods or services as a means to communicate something about defendant’s own goods or services, whether it be compatibility (“our headphones work with Apple products”), comparison (“half the calories of Pepsi—and twice the taste! [read post]
24 Apr 2018, 2:19 pm by Rebecca Tushnet
Ardy UCI Intellectual Property, Arts, and Technology ClinicTisha Turk University of Minnesota, Morris  IN OPPOSITIONBen Sheffner Motion Picture Association of America, Inc. [read post]
12 Apr 2018, 9:36 am by Rebecca Tushnet
Donaldson, FilmIndependent, International Documentary Association, Kartemquin Educational Films, Inc., Independent Filmmaker Project, University of Film and Video Association, The Alliance for Media Arts+Culture (“Joint Filmmakers”): Discusses use of film as fair use in other films, even nondocumentaries (like Jersey Boys). [read post]
2 Sep 2016, 4:47 am by Jon Hyman
 — via Labor Relations Handsome Dan Meets the NLRB — via CUE, Inc. [read post]
2 Sep 2016, 4:47 am by Jon Hyman
 — via Labor Relations Handsome Dan Meets the NLRB — via CUE, Inc. [read post]
26 Aug 2016, 6:21 am
Before we go any further, I should warn you of two things: One is that this is, necessarily, an unusually long post for this blog; the other is that the case it examines involves issues that may be offensive to or upsetting for some readers.This post examines an opinion from the U.S. [read post]
13 May 2016, 11:46 am by ihwiner
 See ArcSoft, Inc. v. [read post]
2 May 2016, 9:20 pm by Rebecca Tushnet
 Walker: more licensing: in our conversations w/Apples & Spotifys their #1 complaint is that they’re competing w/free. [read post]
3 Jan 2016, 7:03 pm by Bill Marler
Yet, looking at the above outbreaks all together, I find it a bit hard to parse out why some have been targeted – OK, perhaps the Parnell prosecution is a bit easier because it was so clearly intentional – and some have not, or at least not yet. [read post]
3 Jan 2016, 5:33 am by Bill Marler
On January 6, 2015, Bidart Bros. of Bakersfield, California, recalled Granny Smith and Gala apples because environmental testing revealed contamination with Listeria monocytogenes at the firm’s apple-packing facility. 2015 Andrew and Williamson[2] Cucumber Salmonella Outbreak: A total of 838 people infected with the outbreak strains of Salmonella Poona were reported from 38 states. [read post]
15 Oct 2015, 5:56 am by News Desk
Inc. of Coral Gables, FL, is recalling some Granny Smith green apples because they have the potential to be contaminated with Listeria monocytogenes. [read post]
15 Oct 2015, 1:16 am by Bill Marler
States affected include CO, KS, MO, NE, NM, OK, SD, UT and WY. [read post]
27 Sep 2015, 4:30 am by Barry Sookman
GOOGLE INC., Court of Appeals, 11th Circuit 2015 fair use case https://t.co/XNLGdOOb5j -> Link to APPLE INC. v. [read post]
16 Sep 2015, 8:17 pm by Bill Marler
In 1998 in what was the first criminal conviction in a large-scale food-poisoning outbreak, Odwalla Inc. pleaded guilty to violating Federal food safety laws and agreed to pay a $1.5 million fine for selling tainted apple juice that killed a 16-month-old girl and sickened 70 other people in several states in 1996. [read post]