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commercial speech requirement defeats Lanham Act claim against competing news channel
20 Mar 2019, 12:28 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
false "patented/proprietary/exclusive" claims can be actionable despite Dastar
16 Oct 2024, 9:11 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Sending infringement notice to Amazon isn't commercial advertising/promotion but could be tortious interference
29 Apr 2022, 10:45 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Trader Joe's truffle flavored oil was too cheap for reasonable consumers to think it real
4 Sep 2018, 9:40 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Blast from the past: another keyword ad case where TM won't work
17 Mar 2017, 9:40 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
NYT throws hissy-fit, sues over use of thumbnails in critical book
25 Jan 2016, 8:07 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
It's an ex-Lanham Act case without evidence of materiality
5 Feb 2018, 9:16 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
"patented" claim plausibly material to consumers
18 Mar 2022, 8:31 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Re:Create event in DC, June 20
9 Jun 2016, 10:35 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
it's difficult to show injury from false patent marking
30 Sep 2020, 9:07 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
informal representations to competitor's customers can violate Lanham Act
30 Nov 2015, 4:42 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Plaintiff doesn't have to rebut 230 immunity in complaint against multiple parties
29 Mar 2017, 4:42 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
New paper: response to Fishman's Creating Around Copyright
11 Mar 2015, 11:55 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
9th Circuit: desire to purchase properly labeled product is too abstract for injunctive relief standing
16 Sep 2021, 7:30 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Having a product in development isn't enough for Lanham Act standing
20 Apr 2017, 10:42 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
proof of lost market share needs something extra to be irreparable harm
26 Aug 2019, 9:24 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
Allegations of undisclosed sponsorship defeat anti-SLAPP motion at pleading stage
27 Jun 2016, 6:41 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
NOCI to eBay protected against tortious interference claim by Noerr-Pennington, but defamation survives
5 Jun 2020, 1:49 pm by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
UL's interpretation of its own standards is opinion (but not all standards application would be)
25 Jun 2020, 11:25 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/
multimillion-dollar verdict in false advertising case, but no fee shift
6 Nov 2019, 8:18 am by Rebecca Tushnet
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43(B)log - http://tushnet.blogspot.com/