Unfair Competition rss

Discovery of Anonymous Online Speakers

March 8, 2011

The nature of the speech in question should be a driving force in choosing a standard by which to balance the rights of anonymous speakers in discovery disputes.

Lanham Act Claims Extend to False Statements by Implication and Innuendo w/ Comments re: SCO v. IBM Case

July 9, 2010

“A false advertising cause of action under the [Lanham] Act is not limited to literal falsehoods; it extends to false representations made by implication or innuendo.”

Rolling Stone Article~Camel Cigarette Ad: Protected Speech

February 4, 2010

If speech does more than propose a commercial transaction, it is entitled to full First Amendment protection.