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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2918
Posts / Week:8.8
Archived Since:March 17, 2008

Blog Post Archive

Court applies Lexmark to TM case, in the alternative

2 weeks agoIndustries / Law : 43(B)log

Ahmed v. Hosting.com, 2014 WL 2925292, Nos. 13–13117, 14–10026 (D. Mass. June 27, 2014) This isn’t a difficult case, but it represents the first move towards applying Lexmark to §43(a) in its entirety. Only time will tell whether this will be an eBay v. Show More Summary

spy in the house of conservative IP thought

3 weeks agoIndustries / Law : 43(B)log

American Enterprise Institute Center for Internet, Communications, and Technology Policy Copyrights and innovation: Understanding the debate Moderator: Jeffrey Eisenach, AEI: 80% of market cap of Fortune 500 is from various forms of intangible property. Show More Summary

correcting false advertising before money changes hands isn't enough

3 weeks agoIndustries / Law : 43(B)log

Helde v. Knight Transportation, Inc., 982 F. Supp. 2d 1189 (W.D. Wash. 2013) This is mostly a wages case, but it provides a reminder that bait and switch advertising is generally actionable under consumer protection law. Here, plaintiffs...Show More Summary

Hockey or coffee?

3 weeks agoIndustries / Law : 43(B)log

How about this "Hockey Mom" shirt in Starbucks style? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Paint or baseball?

3 weeks agoIndustries / Law : 43(B)log

This Sherwin Williams T-shirt uses a logo that seems awfully familiar.... Dilution? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Website statements aren't trade dress for insurance purposes

3 weeks agoIndustries / Law : 43(B)log

Test Masters Educational Services, Inc. v. State Farm Lloyds, 2014 WL 2854536, No. H–13–1706 (S.D. Tex. June 23, 2014) Test Masters offers test prep services. It was involved in a series of lawsuits by and against third party competitor Singh. Show More Summary

multiplicity of products and labels makes class unascertainable

3 weeks agoIndustries / Law : 43(B)log

Bruton v. Gerber Products Co., No. 12-CV-02412, 2014 WL 2860995 (N.D. Cal. June 23, 2014) Bruton brought the usual California claims against Gerber for mislabeling certain food products intended for children under 2. She challenged Gerber’s...Show More Summary

Class can be certified when product is allegedly worthless

3 weeks agoIndustries / Law : 43(B)log

Ortega v. Natural Balance, Inc., 2014 WL 2782329, No. CV 13–5942 (C.D. Cal. June 19, 2014) The court granted class certification for a California class of consumers of Cobra Sexual Energy, a dietary supplement containing various herbs,...Show More Summary

UK ASA finds ad for journalistic Free Speech Network misleading

3 weeks agoIndustries / Law : 43(B)log

Tragedy or farce? I'll take "couldn't happen in the US" for $500, Alex. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Nonprofit's former chapter has false advertising, not TM, claims against parent

3 weeks agoIndustries / Law : 43(B)log

Alzheimer’s Disease Resource Center, Inc. v. Alzheimer’s Disease and Related Disorders Association, Inc. 981 F. Supp. 2d 153 (E.D.N.Y. 2013) Plaintiff ADRC is the former Long Island chapter of defendant Association, dedicated to fighting Alzheimer’s. Show More Summary

You have to laugh or you'll cry: supplement regulation

4 weeks agoIndustries / Law : 43(B)log

John Oliver has yet another fantastic, and accurate, advertising law-related story, this time focusing on the deliberate unregulation of dietary supplements. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

More pondering on the relationship between sec. 2 and sec. 43

4 weeks agoIndustries / Law : 43(B)log

One question from last week’s TTAB REDSKINS decision concerns the effect on §43 if the §2 cancellation is upheld. Mark McKenna has argued that, if we took history seriously, there should be no effect, because unfair competition historically covered lots of things that weren’t registrable. Show More Summary

Is DRM the source of Hachette's troubles?

last monthIndustries / Law : 43(B)log

So argues Cory Doctorow. He makes a point that also came up at the 1201 exemption hearings: the copyright owner does not clearly have the right to authorize a user to strip DRM from a work, where the copyright owner isn't the source of the DRM (and the major forms of DRM aren't operated by individual copyright owners). Show More Summary

Something fishy about this trademark claim?

last monthIndustries / Law : 43(B)log

GurglePot, Inc. v. New Shreve, Crump & Low LLC, 2014 WL 2744283, No. C13–6029 (W.D. Wash. June 17, 2014) I’m not really interested in the law in this personal jurisdiction case, finding that there’s no personal jurisdiction in plaintiff’s home state over Massachusetts-based New SCL for this the declaratory judgment of non-infringement. Show More Summary

Apply fair use to burned area

last monthIndustries / Law : 43(B)log

Via Five Useful Articles, this deposition excerpt from HathiTrust is nearly priceless--what takes it beyond the usual snark is the very last dig the HT lawyer gets in at the Authors Guild's theory of the case. So, HT's lawyer snarksShow More Summary

"original" and "first" are mere puffery

last monthIndustries / Law : 43(B)log

Bern Unlimited, Inc. v. Burton Corp., No. 11-12278, 2014 WL 2649006 (D. Mass. June 12, 2014) Bern sued six of its competitors in the market for sports helmets, alleging trade dress infringement. Answering Bern’s third amended complaint, defendants asserted false advertising counterclaims, which the court struck in part. Show More Summary

Washington's football team marks cancelled

last monthIndustries / Law : 43(B)log

If you didn't get the link from five other places, here it is. (It turns out that today was a bad day to wear shorts to the office; it's not the best outfit for being interviewed by a suited TV reporter.) My contributions: a reminder that Renna v. Show More Summary

Grande deception?

last monthIndustries / Law : 43(B)log

Starbucks and the “free” college education for its workers: The reporting on Starbucks’ offer has gone beyond the headline—and if treated like ordinary advertising, that headline is misleading. As it turns out, Starbucks will only pay in full for two years, not four; it’s negotiated a discount with ASU online for everyone. Show More Summary

Fair use decisionmaking

last monthIndustries / Law : 43(B)log

Deconstructing arguments that treat fair use as a mysterious and dangerous concept: This detailed analysis of a flowchart is quite useful. And it cites the OTW’s Fair Use Test Suite! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

reading list: marijuana advertising and lessons from tobacco

last monthIndustries / Law : 43(B)log

Kimber P. Richter, Ph.D., M.P.H. & Sharon Levy, M.D., M.P.H., Big Marijuana — Lessons from Big Tobacco, New England Journal of Medicine: [T]obacco was not always as lethal or addictive as it is today. In the 1880s, few people used tobacco...Show More Summary

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