Remove topics false-endorsements
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Announcing the Sixth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Technology & Marketing Law Blog

A sample chapter, Chapter 14 (on publicity rights and endorsements), is available as a free download. Chapter 3: False Advertising Overview. Chapter 7: Special Topics in Competitor Lawsuits. Chapter 9: False Advertising Practice and Remedies. I have more to say on that topic imminently). Chapter 4: Deception.

Editing 118
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Recommended Reading: Professors Farley and Ramsey: "Raising the Threshold for Trademark Infringement to Protect Free Expression"

The TTABlog

Ramsey of the University of San Diego School of Law have just published an article on a very timely topic: "Raising the Threshold for Trademark Infringement to Protect Free Expression," 72 American University Law Review 1179 (2023). Professor Christine Haight Farley of American University - Washington College of Law, and Professor Lisa P.

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Book Review and Discount: Propriété intellectuelle et développement durable / Intellectual Property & Sustainable Development

The IPKat

-centred perspective, it — unsurprisingly —managed to grasp the essence of the topic globally. In addition, a recurrent complaint by trademark owners, particularly of luxury products, is that upcycling could hide counterfeited products, especially when the goods are sold in large quantities and are sold online.

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Ninth Circuit Revives Choreography Copyright Claims Over Fortnite Emotes–Hanagami v. Epic

Technology & Marketing Law Blog

This opinion forces the court to address the boundaries of choreographic copyright, a lightly litigated topic. Epic Games Videogame Can Replicate Musician’s “Signature Move” (Unless It’s a False Endorsement, Which It Isn’t)–Pellegrino v. Previous blog post. The Ninth Circuit reverses.

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Retweets ? Endorsements (As a Matter of Law)–Flynn v. CNN

Technology & Marketing Law Blog

endorsements: Jack did not make the statement, “We are every day people seeking truth.” There are many reasons that someone might retweet a statement; a retweet is not necessarily an endorsement of the original tweet, much less an endorsement of the unexpressed belief system of the original tweeter, as CNN would have it.

Law 111
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Algorithmic propagation: do property rights in data increase bias in content moderation? – Part II

Kluwer Copyright Blog

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

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Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

The majority says “if likeness interests are disregarded on the internet, the incentives to build an excellent commercial reputation for endorsements may diminish…information provided by promotional advertisements can enhance market efficiency and vibrancy” but these are orthogonal statements. (I