Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2243
Posts / Week:6
Archived Since:March 17, 2008

Blog Post Archive

Campbell conference: future of digital tech

2 weeks agoIndustries / Law : 43(B)log

Panel IV. Campbell and the Future of Digital Technologies (Moderator, Dean O'Connor) O’Connor: output of one creative person becomes input for the next. Consider how copyright and fair use work in that system. Robert Brauneis, George...Show More Summary

Campbell conference: Judge Leval keynote

2 weeks agoIndustries / Law : 43(B)log

Keynote Address: The Honorable Pierre Leval Earned a reversal rate of 67% in his significant fair use cases; at the cutting edge of law in the role of the salami. Campbell: good framework for authors, without manacles on science. The...Show More Summary

Campbell conference: ethical and strategic issues in fair use litigation

2 weeks agoIndustries / Law : 43(B)log

Panel III. Ethical and Strategic Issues in Fair Use Litigation (Moderator, Professor Naeve) Naeve: discuss ethics of parody, disparagement, use in pornographic work. Should you ask permission? Lydia Loren, Lewis & Clark: for all its positive effects, she dislike Campbell’s characterization of fair use as an affirmative defense. Show More Summary

Campbell conference: transformative use across the arts

2 weeks agoIndustries / Law : 43(B)log

Panel II. Transformative Use Across The Arts (Moderator, Professor Said) Annemarie Bridy, Idaho: Role of aesthetic judgments in fair use cases. Bleistein principle of aesthetic neutrality/nondiscrimination. Campbell said it wouldn’t judge whether the parody was good, just whether it was a parody. Show More Summary

Campbell conference: overview on fair use

2 weeks agoIndustries / Law : 43(B)log

Panel I. Overview of Fair Use Since Campbell (Moderator, Professor Gomulkiewicz) Barton Beebe, NYU Updated dataset 1978-2014: 460 opinions. Available on his website. Significant limitations of case-counting: can’t substitute for qualitative analysis or other quantitative approaches looking at what judges actually do versus what they say they do. Show More Summary

Pam Samuelson on futures of fair use

2 weeks agoIndustries / Law : 43(B)log

University of Washington School of Law: Fair Use In The Digital Age: The Ongoing Influence of Campbell v. Acuff-Rose's "Transformative Use Test" (aka Campbell at 21) Opening Keynote Address: Professor Pam Samuelson: Possible Futures of Fair Use Campbell had a “transformative” impact on fair use law. Show More Summary

Thermolife sues critic's blog for cybersquatting

2 weeks agoIndustries / Law : 43(B)log

A reader pointed me to this lawsuit, alleging cybersquatting against https://ronkramermusclebeach.wordpress.com/ based on Thermolife's Muscle Beach marks. You may notice that this isn't really a domain name, but a blog hosted on WordPress. Show More Summary

resources spent correcting false advertising provide business standing in California

2 weeks agoIndustries / Law : 43(B)log

Underground Solutions, Inc. v. Palermo, No. 13 C 8407, 2015 WL 1594189 (N.D. Ill. Apr. 7, 2015) Previous ruling on this dispute between Underground Solutions and a person who basically served as an expert supporting its competitor. Related case about a website impersonating Palermo. Show More Summary

Preemption and dormant commerce clause challenges to Cal. Made in US law fail

2 weeks agoIndustries / Law : 43(B)log

Clark v. Citizens of Humanity, LLC, No. 14–CV–1404, 2015 WL 1600679 (S.D. Cal. Apr. 8, 2015) Plaintiffs bought Citizens of Humanity jeans marked with “Made in the USA,” but alleged that the products contained component parts made outside the US, including the fabric, thread, buttons, subcomponents of the zipper assembly, and/or rivets. Show More Summary

Dogged determination: PTO corrects mistaken incontestability

2 weeks agoIndustries / Law : 43(B)log

You can read the notice for the design mark here. Following up on my previous bead dog related post. Also as a result, my children have learned how to make Mardi Gras bead dogs and leave them around the house. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Loked and loaded: are bag closures famous to the general consuming public?

2 weeks agoIndustries / Law : 43(B)log

Schutte Bagclosures Inc. v. Kwik Lok Corp., 48 F. Supp. 3d 675 (S.D.N.Y. 2014) Kwik Lok makes clips to close bags in the US, and Schutte does so in Europe and is seeking to expand to the US. Schutte sought a declaratory judgment of noninfringement...Show More Summary

Primary jurisdiction didn't warrant dismissal of "natural" claims, 9th Cir. says

2 weeks agoIndustries / Law : 43(B)log

Astiana v. Hain Celestial Group, Inc., No. 12-17596 (9th Cir. Apr. 10, 2015) As the court of appeals introduced the case: A product labeled “all natural” or “pure natural” likely evokes images of ground herbs and earth extracts rather...Show More Summary

Click click boom: affiliate marketing network liable for affiliates' false advertising

3 weeks agoIndustries / Law : 43(B)log

FTC v. LeanSpa, LLC, No. 11-CV-1715 (D. Conn. Mar. 5, 2015) The FTC challenged the use of fake news (and no, they don’t mean The Daily Show) to sell LeanSpa’s weight-loss and colon-cleanse products online. LeanSpa sold its products through...Show More Summary

No dog in this fight: PTO makes a cancelled mark incontestable

3 weeks agoIndustries / Law : 43(B)log

Nola Spice Designs, LLC v. Haydel Enterprises Inc., No. 13-30918, -- F.3d – (5 th Cir. Apr. 8, 2015) Opinion below, rejecting trademark and copyright claims based on competing Mardi Gras bead dog designs. (And a reminder: sending a DMCA...Show More Summary

Fraudulent concealment allegations preserve Lanham Act claim

3 weeks agoIndustries / Law : 43(B)log

In re Honey Transshipping Litigation, No. 13–cv–2905, 2015 WL 1539034 (N.D. Ill. Mar. 31, 2015) The class plaintiffs sued for violations of the Lanham Act and RICO; I’m just discussing claims against defendant Honey Solutions. The claims...Show More Summary

Restitution available for false discounts even if goods were ok

3 weeks agoIndustries / Law : 43(B)log

Spann v. J.C. Penney Corp., 2015 WL 1526559, No. SA CV 12–0215 (C.D. Cal. Mar. 23, 2015) Spann brought the usual claims against JCP based on purchases she made shopping the sale racks. She believed that she was getting sale items. Her...Show More Summary

using a UDRP statute against foreclosure follies

3 weeks agoIndustries / Law : 43(B)log

PLS Investments, LLC v. Ocwen Loan Servicing, LLC, 2015 WL 1505663, No. 5:14CV139 (W.D.N.C. Apr. 1, 2015) PLS alleged that Ocwen and the other defendants erroneously and falsely listed its property as a foreclosure property twice—the...Show More Summary

court declines to dismiss hashtag infringement claim

3 weeks agoIndustries / Law : 43(B)log

Fraternity Collection, LLC v. Fargnoli, 2015 WL 1486375, No. 3:13–CV–664 (S.D. Miss. Mar. 31, 2015) Fraternity Collection designs and sells shirt, including the “Pocket Shirt,” a custom article of clothing in which customers pick a particular style of shirt and then select one of almost 200 designs to be the shirt pocket. Show More Summary

Is nominative fair use an affirmative defense in the 9th Circuit?

3 weeks agoIndustries / Law : 43(B)log

Zest IP Holdings, LLC v. Implant Direct Mfg. LLC, No. 10cv541, 2015 WL 1510755 (S.D. Cal. Feb. 3, 2015) As usual, I’m ignoring the patent parts of this patent/trademark/false advertising case. Zest alleged that Implant Direct sold the...Show More Summary

former founder's overclaiming not enough for likely success on false association

3 weeks agoIndustries / Law : 43(B)log

Infogroup, Inc. v. DatabaseLLC, --- F.Supp.3d ----, 2015 WL 1499066, No. 8:14–CV–49 (D. Neb. Mar. 30, 2015) The parties compete in the market for databases about consumers and businesses. Individual defendants are all former employees of Infogroup, including Vinod Gupta, the founder of Infogroup and a former officer and shareholder. Show More Summary

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