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Consumer Law

43(B)log 43(B)log

False advertising and more.
By Rebecca Tushnet

Post Frequency: 2.1/day

Last Entry: November 21, 2009 at 11:21:00

Recent Entries: 727

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Posts

Hope my girlfriend don't mind it

Posted on November 21, 2009


Actually, the AP likes fair use after all

Posted on November 20, 2009


Another reason I'm glad to be a vegetarian

Posted on November 20, 2009


Non-survey experts in trademark cases

Posted on November 20, 2009


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Presenting in Chicago

Posted on November 19, 2009


The history of snake oil

Posted on November 19, 2009


Damageless music infringement

Posted on November 18, 2009



Tarnishing Harvard

Posted on November 16, 2009



Wow.

Posted on November 16, 2009









Software ranking mere opinion, not fact

Posted on November 11, 2009



Criminal off-label drug promotion

Posted on November 09, 2009



The Cadillac of metonyms

Posted on November 08, 2009




Seventh Circuit rejects Gracen, tries again

Posted on November 06, 2009


New article by me!

Posted on November 06, 2009


You blow my mind: Mickey Mouse makeover

Posted on November 05, 2009


There's a lawsuit for that

Posted on November 04, 2009



Volunteer opportunity

Posted on November 03, 2009


"Boston Strangler" redux

Posted on November 02, 2009



Parties duel over press releases, new ads

Posted on October 31, 2009


A topical Halloween webcomic

Posted on October 31, 2009





Telecom: Tracfone developments

Posted on October 27, 2009



Vanderbilt conference, part 3

Posted on October 24, 2009


Vanderbilt conference, part 1

Posted on October 23, 2009


Vanderbilt conference, part 2

Posted on October 23, 2009


Look upward

Posted on October 22, 2009





NY AG wins case against debt relief firm

Posted on October 19, 2009


Special pleading: Iqbal and trademark

Posted on October 18, 2009


I told you so

Posted on October 16, 2009


Announcement: Grants for scholarship

Posted on October 15, 2009


100% Natural claim 100% dismissed

Posted on October 15, 2009



Think the USOC would sue?

Posted on October 14, 2009





Identity in Poospatuck

Posted on October 11, 2009


No fee award in hard-fought Renoir case

Posted on October 10, 2009


Evidence of genericity?

Posted on October 10, 2009


Chew on this

Posted on October 09, 2009


Supernaturally tarnishing?

Posted on October 09, 2009


Unclean hands, covered with cedar chips

Posted on October 08, 2009



A steamy story: LG v. Whirlpool

Posted on October 08, 2009




Flash forward: cellphone lawsuit continues

Posted on October 06, 2009


WIPIP, session 5

Posted on October 04, 2009



WIPIP at Seton Hall part 4

Posted on October 03, 2009


WIPIP at Seton Hall part 3

Posted on October 03, 2009


WIPIP at Seton Hall part 2

Posted on October 02, 2009


Authenticating Warhol

Posted on September 30, 2009




TPRC 2009: Copyright, DMCA and IPRs

Posted on September 27, 2009


Pro se right of publicity claim proceeds

Posted on September 26, 2009





Darwin reframed (and defamed?)

Posted on September 24, 2009


Ghostbusting and the First Amendment

Posted on September 18, 2009


Bikemaker cleans its allegedly dirty hands

Posted on September 17, 2009


Libel laws and science journalism

Posted on September 16, 2009


Unauthorized ad uploads to YouTube

Posted on September 15, 2009


US News rankings and false advertising

Posted on September 14, 2009




Rocket pop: Pfizer wins Viagra case

Posted on September 11, 2009




Dispute fueled by inappropriate tests

Posted on September 06, 2009




Not diluting so much as congealing

Posted on September 01, 2009


FTC and Trudeau split decision

Posted on August 28, 2009




Recent reading: piracy as creativity

Posted on August 26, 2009


Scariest headline I've seen in a while.

Posted on August 25, 2009


Best Twilight-related merchandise ever.

Posted on August 25, 2009


LaunchCast victory affirmed

Posted on August 24, 2009



Game, set, affirmance

Posted on August 23, 2009


Where are all the men bloggers?

Posted on August 22, 2009


Ambusch marketing

Posted on August 21, 2009


Fair use warning

Posted on August 20, 2009


iPhone apps: cash cow or anticommons?

Posted on August 19, 2009


"All natural" case not at all preempted

Posted on August 19, 2009





When is descriptive use not descriptive?

Posted on August 17, 2009


Crazylegs

Posted on August 14, 2009


What sweetens a legend most?

Posted on August 13, 2009


Long-delayed Facenda post

Posted on August 13, 2009


Transformertive use

Posted on August 13, 2009



FDA preemption argument loses again

Posted on August 12, 2009



Seen around towns

Posted on August 11, 2009




Fortune favors the bold

Posted on August 10, 2009


IPSC: final plenary

Posted on August 09, 2009


IPSC: daily double--theory

Posted on August 09, 2009


IPSC: Copyright/Right of Publicity/GIs

Posted on August 08, 2009


IPSC: Trademark

Posted on August 08, 2009


IPSC: Mixed IP

Posted on August 07, 2009


IPSC: Copyright

Posted on August 07, 2009


Bonus post: Arlington, the Rap

Posted on August 07, 2009


IPSC: trademark and the consumer

Posted on August 06, 2009


IPSC, first plenary session

Posted on August 06, 2009



Amicus brief in Salinger

Posted on August 03, 2009




Revitalizing false patent marking

Posted on August 01, 2009






NYT on Muscle Milk and others

Posted on July 29, 2009



Women in open source

Posted on July 29, 2009


Revising ads to avoid sudden falsity

Posted on July 28, 2009


Inspired brand extension?

Posted on July 28, 2009


AALL: my panel

Posted on July 27, 2009





New note on puffery and images

Posted on July 25, 2009



Geocities Rescue Project

Posted on July 24, 2009


Joining the Pom squad

Posted on July 24, 2009




The Daily Show covers trademark!

Posted on July 22, 2009



Family Guy pratfall

Posted on July 20, 2009




NYT on Indian "knockoffs"

Posted on July 16, 2009


Trek to Madworld

Posted on July 15, 2009


Pass, fail, epic fail

Posted on July 14, 2009



Slate on NAD

Posted on July 13, 2009




Misled again, naturally

Posted on July 10, 2009


Hey look, a standing case I like

Posted on July 10, 2009


Dark & Stormy trademark claims

Posted on July 07, 2009



Organic labeling and its discontents

Posted on July 03, 2009




Privacy and risk

Posted on July 01, 2009


The standing mess gets worse

Posted on June 28, 2009



Money4Nothing, falsity for free

Posted on June 26, 2009


Out-of-date mailing not false

Posted on June 26, 2009


Kayak v. Bing

Posted on June 26, 2009




A fire station of unknown origin

Posted on June 21, 2009











Post-grading blues

Posted on June 09, 2009



Naked licensing

Posted on June 04, 2009


When is Froot not Fruit?

Posted on June 03, 2009


Recent reading: The pillow article

Posted on June 03, 2009


Dilution by design

Posted on May 31, 2009


Double Denied, denied in part

Posted on May 29, 2009


Star Trek and professional ethics

Posted on May 29, 2009



Promoting copyright myths

Posted on May 25, 2009


Another note on standing

Posted on May 21, 2009


Best practices for fair use video

Posted on May 20, 2009


Scandalousness and internet evidence

Posted on May 20, 2009


MIT, afternoon session

Posted on May 19, 2009


Major UCL ruling in California

Posted on May 19, 2009


MIT: Tuesday

Posted on May 19, 2009


User innovation at MIT

Posted on May 18, 2009


Think of it as dilution in action

Posted on May 15, 2009


Self-dilution

Posted on May 15, 2009


At least he didn't violate the DMCA

Posted on May 14, 2009



Google Books and visual culture

Posted on May 11, 2009


MeTube

Posted on May 10, 2009



Copyright Office DMCA Hearings: Q&A

Posted on May 07, 2009



Copyright Office DMCA Hearings

Posted on May 07, 2009




Public Citizen seeks staff attorneys

Posted on May 05, 2009





New article on filters and fair use

Posted on April 28, 2009



Wink, wink, nudge, nudge

Posted on April 26, 2009


IP/Gender: panel two

Posted on April 25, 2009


New book on privacy

Posted on April 25, 2009


IP/Gender: Panel One

Posted on April 24, 2009


IP/Gender: keynote

Posted on April 24, 2009


IP/Gender: Panel Three

Posted on April 24, 2009


She blinded me with science

Posted on April 20, 2009



Turnitin still on top

Posted on April 18, 2009


When casebooks become cases

Posted on April 17, 2009


Slate isn't Fox

Posted on April 17, 2009


Advertising Law CLE

Posted on April 16, 2009


Public performance

Posted on April 14, 2009


My colleague David Vladeck to the FTC

Posted on April 14, 2009


Statin advertising and FDA preemption

Posted on April 13, 2009





Too much attribution?

Posted on April 10, 2009


MSNBC.com on the Fairey v. AP case

Posted on April 09, 2009


tax protest as false advertising

Posted on April 09, 2009





FTC ad parodies freecreditreport.com

Posted on April 07, 2009


IPSC deadline extended

Posted on April 07, 2009



Discussion questions

Posted on April 06, 2009



BC Law Review Symposium, panel 4

Posted on April 05, 2009


BC Law Review Symposium, panel 3

Posted on April 04, 2009


Minor Rescuecom question

Posted on April 04, 2009


BC Law Review Symposium, panel 2

Posted on April 03, 2009




Conference on machinima law at Stanford

Posted on March 31, 2009





Vanishing premium case reappears

Posted on March 29, 2009


Fordham, last panel

Posted on March 29, 2009


Google as misleading advertiser?

Posted on March 29, 2009


Fordham, filtering

Posted on March 28, 2009


Fordham, continued again

Posted on March 28, 2009


Fordham, continued

Posted on March 27, 2009









Amy Adler on moral rights

Posted on March 20, 2009


IP/Gender: Save the Date

Posted on March 20, 2009





Google Book Settlement at Georgetown

Posted on March 18, 2009


The seven dwarves of menopause

Posted on March 16, 2009




Remix/Mashup at Ohio State panel 3

Posted on March 14, 2009


Remix/Mashup at Ohio State panel 2

Posted on March 14, 2009


Remixalicious

Posted on March 14, 2009


Remix/Mashup at Ohio State panel 1

Posted on March 13, 2009




Drake IP Scholars, Panel 7

Posted on March 03, 2009


Call for papers

Posted on March 03, 2009


Drake IP Scholars, Panel 6

Posted on March 03, 2009


Sony TV settlement rejected

Posted on March 02, 2009


Copyright licenses and moral rights

Posted on March 02, 2009


Drake IP Scholars, Panel 4

Posted on March 01, 2009


IP Scholars Roundtable at Drake 2

Posted on March 01, 2009


IP Scholars Roundtable at Drake

Posted on February 28, 2009


Drake IP Scholars, Panel 5

Posted on February 28, 2009


Drake IP Scholars, Panel 3

Posted on February 27, 2009


NPR segment on vidders

Posted on February 27, 2009


Dilution recommended reading

Posted on February 27, 2009




Pom squad: more Pom Wonderful ads

Posted on February 17, 2009



keyword buys as unfair competition

Posted on February 14, 2009


Corrective drug ads

Posted on February 11, 2009


The Boundaries of IP at William & Mary

Posted on February 09, 2009




The Boundaries of IP at William & Mary

Posted on February 07, 2009


The Boundaries of IP at William & Mary

Posted on February 06, 2009





New note on 43(a)(1)(A) standing

Posted on February 02, 2009




Catholic IP roundtable

Posted on January 30, 2009


Schwabach on fan fiction

Posted on January 30, 2009


Geographically deceptive advertising?

Posted on January 27, 2009


Future of Music policy day

Posted on January 26, 2009




Judge Patel shrugged: Rearden v. Rearden

Posted on January 24, 2009


VitaminWater lawsuit

Posted on January 23, 2009



Where advertising law and IRBs collide

Posted on January 21, 2009


Two posts

Posted on January 21, 2009



Hybrid vigor revisited

Posted on January 18, 2009


More on Obama and the right of publicity

Posted on January 18, 2009



"organic" outside the grocery store

Posted on January 15, 2009


NYT on mortgage prevention scams

Posted on January 15, 2009


Obama and the right of publicity

Posted on January 14, 2009


False advertising's greatest hits

Posted on January 12, 2009


AALS Section on IP Law

Posted on January 11, 2009


Delay proves monstrously fatal

Posted on January 10, 2009


AALS: Art Law

Posted on January 10, 2009


AALS: Law and Computers

Posted on January 09, 2009


Drug references for beverages revisited

Posted on January 04, 2009






Punting to culture

Posted on December 29, 2008






Fake gripe sites

Posted on December 17, 2008






Now spit: Dental appeal fails

Posted on December 12, 2008



Myths and legends of copyright

Posted on December 10, 2008



Perils of collecting IP memorabilia

Posted on December 07, 2008




criticizing other women's pleasures

Posted on December 05, 2008


DMCA Circumvention Exemption Requests

Posted on December 04, 2008



Chippendale's costume registration

Posted on December 03, 2008


Repost: thoughts on taking my exams

Posted on December 03, 2008


Dan Solove and Eric Goldman on 230 issues

Posted on December 01, 2008



Pom and the art of motorcycle trademarks?

Posted on November 28, 2008


To speak is to remix

Posted on November 24, 2008


Brand Obama

Posted on November 22, 2008



Trademark puzzle of the day

Posted on November 19, 2008


Soup wars heat up

Posted on November 19, 2008


Don't be a Patsy

Posted on November 17, 2008


Paradoxes of work for hire

Posted on November 14, 2008


The new New York Times

Posted on November 14, 2008




Reverse passing off claim FUBAR'ed

Posted on November 12, 2008


Best practices for fair use

Posted on November 11, 2008



Fraudulent wine in contractual bottles?

Posted on November 10, 2008


Political copying

Posted on November 09, 2008



False marking/trademark case continues

Posted on November 02, 2008



Surge in comparative advertising

Posted on October 31, 2008


Terminator: the IP chronicles

Posted on October 31, 2008


deep copyright thought

Posted on October 29, 2008



Interesting CFP

Posted on October 27, 2008


Can a NPE be a Lanham Act competitor?

Posted on October 27, 2008


Sizable damages award in NetQuote case

Posted on October 24, 2008



Suggested DMCA reforms from Public Citizen

Posted on October 17, 2008



Followup on YouTube/McCain interactions

Posted on October 16, 2008



McCain/Palin: copyright mavericks

Posted on October 14, 2008


A catfish by many other names

Posted on October 12, 2008




Killer sofa, tarnished Xbox?

Posted on October 10, 2008


Rocket man

Posted on October 10, 2008





Politics and publicity

Posted on October 08, 2008




Daily dilution dose

Posted on October 06, 2008


Tulane IP conference, part 6

Posted on October 05, 2008


Tulane IP conference, part 5

Posted on October 05, 2008


Tulane IP conference, part 4

Posted on October 04, 2008


Tulane IP conference, part 3

Posted on October 04, 2008


Tulane IP conference, part 2

Posted on October 03, 2008



Resale confusion?

Posted on October 02, 2008



Copying as parody

Posted on October 01, 2008


Thomas and Tommy

Posted on September 29, 2008





Sawmakers battle it out in court

Posted on September 21, 2008


Iraqi IP

Posted on September 21, 2008


A somewhat confusing false advertising ruling

Posted on September 19, 2008


Sports artists and trademark

Posted on September 19, 2008


Payless to pay less

Posted on September 18, 2008


Three advertising law stories from the NYT

Posted on September 18, 2008


Balloon law?

Posted on September 15, 2008


The meaning of mandatory disclosures

Posted on September 09, 2008



Five favorite non-legal blogs

Posted on September 06, 2008


Tarnishment by proximity

Posted on September 06, 2008


Slate on McCain's use of music

Posted on September 05, 2008




Kamut responds on genericness

Posted on August 30, 2008


Music videos as victim impact evidence

Posted on August 30, 2008


Comic tattoos

Posted on August 25, 2008



Fish story on ice

Posted on August 22, 2008



Terminations of transfer (and Dastar)

Posted on August 21, 2008


Even I think this is a mistake

Posted on August 19, 2008


Reading list: rBST

Posted on August 18, 2008




"Tax-free cigarettes" case continues

Posted on August 16, 2008


Recent reading

Posted on August 15, 2008


Yes We Can ... sue?

Posted on August 15, 2008



Epistemology of the diaper

Posted on August 14, 2008


Colbert and branding

Posted on August 11, 2008


false marking, not false advertising

Posted on August 11, 2008


IPSC 2008: Closing plenary

Posted on August 10, 2008


IPSC 2008: "Other"

Posted on August 10, 2008




IPSC 2008: IP & Creativity

Posted on August 08, 2008



IPSC 2008: assorted papers

Posted on August 07, 2008


IPSC 2008

Posted on August 07, 2008


New article on intermediaries and access

Posted on August 07, 2008


Little Miss Can't Be Wrong

Posted on August 06, 2008


The market for pomegranates

Posted on August 05, 2008


Language Log on "cloud computing"

Posted on August 05, 2008


Why create derivative works?

Posted on August 04, 2008



The law of Star Wars

Posted on August 01, 2008




Brand equity and false advertising

Posted on July 28, 2008




Satire, and fair use of satire

Posted on July 21, 2008



New article on trademark use

Posted on July 21, 2008



Your cover is a weapon

Posted on July 18, 2008



Fanwork-related links

Posted on July 16, 2008


Tiffany, blue

Posted on July 15, 2008



The real story of the superheroes

Posted on July 10, 2008




NPR story on Chinese fansubs of US TV

Posted on July 08, 2008






Disclosures as substantive regulation

Posted on July 04, 2008



It's a cookbook!

Posted on July 03, 2008


Auto-replace and derivative works

Posted on July 02, 2008



Falsity, sincerity and implication

Posted on July 01, 2008



The sweet smell of injunctive relief

Posted on June 30, 2008





Lawyer's banquet

Posted on June 24, 2008





Canvas on Demand and copyrightability

Posted on June 22, 2008







Today's propaganda coup

Posted on June 06, 2008




TracFone wins another DMCA round

Posted on June 05, 2008


Total Recut

Posted on June 04, 2008






Louis Vuitton loses, verily

Posted on May 31, 2008


Blogrolling

Posted on May 30, 2008





Starving and copying

Posted on May 25, 2008



Attribution: not always a great idea

Posted on May 24, 2008


False advertising, hubris edition

Posted on May 23, 2008



We built this empire for you

Posted on May 22, 2008




Architecture and Morality

Posted on May 20, 2008





good fences make good lawsuits?

Posted on May 18, 2008


Art, copying, and YouTube

Posted on May 18, 2008



The slogan you deserve

Posted on May 15, 2008


Damn Right We Changed It

Posted on May 14, 2008






STS and IP: Innovation networks

Posted on May 11, 2008


STS and IP: Patent narratives

Posted on May 11, 2008




STS and IP: Attribution

Posted on May 09, 2008



Recent reading: standing

Posted on May 08, 2008




IP without IP part 4

Posted on May 04, 2008


IP without IP part 3

Posted on May 04, 2008


IP without IP, part two

Posted on May 03, 2008


IP without IP, part one

Posted on May 03, 2008


Things I have watched with interest

Posted on May 02, 2008



Bridgeman v. Corel, 9 years on

Posted on April 30, 2008


museums and image permissions

Posted on April 30, 2008


Student note on Lanham Act standing

Posted on April 29, 2008


Who Owns This Image?

Posted on April 28, 2008






Causation in a competitive market

Posted on April 25, 2008



Trademark thought of the day

Posted on April 24, 2008









Online advertising: tutorials

Posted on April 19, 2008











It's a bird, it's a plane, it's a copy

Posted on April 11, 2008


A strange type of passing off

Posted on April 10, 2008





IP/Gender at AU, panel 2

Posted on April 05, 2008



IP/Gender at AU, panel 3

Posted on April 05, 2008


IP/Gender at AU

Posted on April 04, 2008





An expensive lesson in losing a lawsuit

Posted on April 02, 2008




Seventh Circuit opinion in Q-Ray case

Posted on March 31, 2008


Fordham IP: Free speech and P2P issues

Posted on March 29, 2008





Hidden Wolf not hidden enough

Posted on March 27, 2008



Death sentence for domain names?

Posted on March 26, 2008




FDA preemption revisited

Posted on March 25, 2008




Dioramas in the Washington Post

Posted on March 23, 2008


Low-res transformativeness

Posted on March 22, 2008


Deception about defamation

Posted on March 21, 2008


Plagiarism detection is fair use

Posted on March 20, 2008


Upcoming conference: IP/Gender

Posted on March 20, 2008


Diebold wins one voting machine battle

Posted on March 19, 2008



Copyright and public consciousness

Posted on March 18, 2008


The IP angle on the Spitzer story

Posted on March 16, 2008





Short-seller SLAPPs back

Posted on March 12, 2008


Ruffian in a race for priority

Posted on March 12, 2008




An unusual use of geographic terms

Posted on March 10, 2008



Longhorn is long shot for federal fame

Posted on March 09, 2008


"Grassroots" group, but not grass-fed

Posted on March 09, 2008





Transformation by subtraction

Posted on March 07, 2008



fraud on the consumer market rejected

Posted on March 06, 2008


Vista Capable class certified

Posted on March 05, 2008


Translators needed

Posted on March 05, 2008


Save a hip, sue a critic

Posted on March 04, 2008


School daze: anti-fake course a fake

Posted on March 04, 2008






Sugar and spice and everything false

Posted on February 26, 2008


Lipitor campaign to end

Posted on February 26, 2008


I Have a ... Xerox

Posted on February 25, 2008



New article on teaching IP with AV

Posted on February 22, 2008


Thomas the Tank Engine of free expression

Posted on February 21, 2008


It might cost Payless more to pay less

Posted on February 18, 2008


Copyright history conference announcement

Posted on February 18, 2008


Preemption argument swims upstream to die

Posted on February 17, 2008


Recent reading: pastiche over parody

Posted on February 15, 2008


I'm not a rower, but I play one on TV

Posted on February 14, 2008




Gone in 60 Milliseconds

Posted on February 13, 2008


Lanham Act claim ordered to arbitration

Posted on February 12, 2008


The benefits of singing together

Posted on February 12, 2008


Transformativeness panel Q&A

Posted on February 11, 2008


Transformativeness: my bit

Posted on February 11, 2008




Columbia Fair Use conference: Panel 2

Posted on February 08, 2008


Paul Goldstein on copyright in context

Posted on February 08, 2008




Can't stop the signal

Posted on February 06, 2008




Concrete allegations too vague

Posted on February 03, 2008



Copying as transformation

Posted on February 01, 2008



Fair use video contest

Posted on January 28, 2008


Recent reading: against performance rights

Posted on January 25, 2008



Recent reading

Posted on January 19, 2008


Upcoming trademark event at Georgetown

Posted on January 15, 2008


Deficient pleading leads to disappointment

Posted on January 14, 2008


Obviously false ads

Posted on January 13, 2008



Whitman on producerism and consumerism

Posted on January 12, 2008


carbon neutrality claims and consumers

Posted on January 10, 2008




The Cadillac of laudatory uses

Posted on January 03, 2008


Misleading us to the movies

Posted on January 03, 2008


Too much information

Posted on January 02, 2008


Catering to a lawsuit

Posted on December 27, 2007


Facebook fraud

Posted on December 20, 2007



Lions and lawsuits and bulls, oh my

Posted on December 19, 2007




These shadows keep on changing

Posted on December 18, 2007



Proskauer on FDA preemption

Posted on December 15, 2007



Pentium puffing

Posted on December 14, 2007


damages for unregistered works

Posted on December 14, 2007


Solove's Future of Reputation

Posted on December 13, 2007



















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