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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3122
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

AU IP/Gender conference (with a keynote from me)

2 weeks agoIndustries / Law : 43(B)log

Reimagining IP/Gender: The Next Ten Years of Feminist Engagement with Intellectual Property Law Presented with the Women and the Law Program American University Washington College of Law February 27, 2015 For registration and more information. Show More Summary

Third Circuit affirms competitor's victory in college course copying case

2 weeks agoIndustries / Law : 43(B)log

CollegeSource, Inc. v. AcademyOne, Inc., --- Fed.Appx. ----, 2015 WL 469041, No. 12–4167 (3d Cir. Feb. 5, 2015) CS and A1 compete in the market for college credit-transfer information. CS alleged that A1 misappropriated the contents of CS’s main product, its CollegeSource Online database, to stock its own fledgling database. Show More Summary

False advertising claims over music licensing survive

2 weeks agoIndustries / Law : 43(B)log

Tresóna Multimedia LLC v. Legg, 2015 WL 470228, No. CV–14–02141 (D. Az. Feb. 4, 2015) Tresóna is a music copyright licensing company that sells custom arrangement licenses for particular pieces of music, allowing the purchaser to arrange a piece of music for a client (typically a music organization or a “show choir”). Show More Summary

gay conversion therapy as NJCFA violation

2 weeks agoIndustries / Law : 43(B)log

Slate on “gay conversion therapy” as a violation of the New Jersey Consumer Fraud Act, not to mention human dignity. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

fake reviews actionable; unflattering comparison not

2 weeks agoIndustries / Law : 43(B)log

Homeland Housewares, LLC v. Euro-Pro Operating LLC, 2015 WL 476287, No. CV 14–03954 (C.D. Cal. Feb. 5, 2015) The parties compete in the market for home blenders. Homeland makes the Bullet line, and Euro-Pro makes the Nutri Ninja Pro....Show More Summary

Shore loser: "shorebilly" mark invalid for fraud

2 weeks agoIndustries / Law : 43(B)log

Teal Bay Alliances, LLC v. Southbound One, Inc., 2015 WL 401251 (D. Md. Jan. 26, 2015) It’s never good to have the court’s first sentence describe a plaintiff’s claims as “specious claims that—as exposed once the evidence was testedShow More Summary

Another keyword defendant victory, among other tort claims

2 weeks agoIndustries / Law : 43(B)log

M-Edge Accessories LLC v. Amazon.com Inc., 2015 WL 403164, No. MJG–11–3332 (D. Md. Jan. 29, 2015) M-Edge started selling Kindle accessories soon after the Kindle was released. The parties’ relationship began well, but began to sour by 2011. Show More Summary

Public comments on proposed DMCA classes

2 weeks agoIndustries / Law : 43(B)log

Public comments on the proposed DMCA classes are up. I had the great privilege of working with EFF’s Corynne McSherry on the noncommercial remix exemption. The comment of EFF and the Organization for Transformative works is here. I believe we put forward a strong case to continue the protection of political and artistic speech. Show More Summary

false claim of gov't affiliation not actionable by non-gov't plaintiff

2 weeks agoIndustries / Law : 43(B)log

Two Jinn, Inc. v. Government Payment Serv., Inc., A136984, 2015 WL 456063 (Cal. Ct. App. Feb. 3, 2015) Two Jinn (dba Aladdin Bail Bonds), a licensed bail agent, tried to enjoin GPS, a financial services entity, from allegedly engaging in bail agent activities in violation of state licensing and regulatory requirements. Show More Summary

No TM or false advertising claims without use of mark in US commerce

2 weeks agoIndustries / Law : 43(B)log

Belmora LLC v. Bayer Consumer Care AG, No. 1:14-cv-00847 (E.D. Va. Feb. 6, 2015) Territoriality lives! Belmora sells an OTC pain relief product, Flanax, in the US with a similar trade dress to, and capitalizing on the good will of, Bayer’s Flanax, sold in Mexico. Show More Summary

WIPIP, part 2, Session 3 Trademark

2 weeks agoIndustries / Law : 43(B)log

Session 3, Trademark Leah Chan Grinvald, Constructive Consent Courts adopt as evidence of fame the number of users = strength = fame. Example: the number of Flipboard users accepted by a court in October. But that also is read to include shortened forms like the stylized F Flipboard uses. Show More Summary

WIPIP, Part 2, Session 2, Trademark

2 weeks agoIndustries / Law : 43(B)log

Glynn Lunney, Inefficient Trademark Law Older TM lawyer would be surprised at breadth: inherently distinctive marks were the only marks, and double identity was essentially the rule. Today: looks very different. What will it look like...Show More Summary

WIPIP, part 2: Copyright

2 weeks agoIndustries / Law : 43(B)log

Session 1, Copyright Jim Gibson [with Chris Cotropia]: Random sample of copyright cases filed 20080-2011, coded 957 cases for parties, claims, remedies requested, final adjudication. The filesharing cases and PRO cases (music) tell the expected IP story. Show More Summary

WIPIP Session 4, Cross-IP

2 weeks agoIndustries / Law : 43(B)log

Mark Lemley (& Mark McKenna), Scope Midnight in the Garden of Good & Evil copyright infringement case. Court rejects invalidity claim: the photo has some creative elements. So it has to go to a jury on infringement. But we don’t tell...Show More Summary

WIPIP Session 3: Copyright

3 weeks agoIndustries / Law : 43(B)log

Session 3, Copyright Abraham Bell (& Gideon Parchomovsky), Copyright Trust Incentives to create: if we recognize too few owners, then we haven’t incentivized them enough. If we have too many owners, we disturb the efficiency of use.Show More Summary

WIPIP Session 2: Trademark

3 weeks agoIndustries / Law : 43(B)log

Jeremy Sheff, The Ragged Edge of the Lanham Act Similar to Tushnet project; will focus on question about Lanham Act’s structuring of interface between PTO and federal courts. Registrability v. enforceability: incontestability; §2(a) bars versus the common law—some of the bars have no analogue at common law. Show More Summary

WIPIP session 1: Trademark

3 weeks agoIndustries / Law : 43(B)log

WIPIP Session 1: TM Deborah Gerhardt (& Jon McClanahan), Colors 20 years of Qualitex: who is registering color? How do marketing folks view color? People remember color images more accurately/longer than B&W; color cues amplify legibility...Show More Summary

IP question of the day, Harper Lee edition

3 weeks agoIndustries / Law : 43(B)log

Amazon's Write On is its project challenging Wattpad, trying to develop writers--including fan writers. Participants aren't compensated, but this is a commercial endeavor on Amazon's part and presumably it will try to transition the successful ones to paid publishing. Show More Summary

New article: images and the right of publicity

3 weeks agoIndustries / Law : 43(B)log

Rebecca Tushnet, A Mask that Eats into the Face: Images and the Right of Publicity (38 Columbia J.L. & Arts, forthcoming 2015) Abstract: In their eagerness to reward celebrities for the power of their “images,” and to prevent other people from exploiting those images, courts have allowed the right of publicity to distort the First Amendment. Show More Summary

Reading list: Craswell on sports team nicknames

3 weeks agoIndustries / Law : 43(B)log

Richard Craswell, When Nicknames Were Crowd-Sourced ~ OR ~ How to Change a Team’s Nickname Craswell is an excellent writer with an engaging topic even for a non-sports fan like me. Treat yourself to this short monograph. Excerpt: Here...Show More Summary

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