Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:2691
Posts / Week:6.3
Archived Since:March 17, 2008

Blog Post Archive

First Amendment/commercial speech conference in NYC, June 13

last weekIndustries / Law : 43(B)log

Via Ron Collins at Concurring Opinions: On Monday, June 13th (8:45 a.m. – 2:30 p.m.) the Floyd Abrams Institute for Freedom of Expression will host a major conference on the commercial speech doctrine. The event will take place in New York City. Show More Summary

Et tu, Copyright Office?

last weekIndustries / Law : 43(B)log

Authors' rights are for other people, apparently. (I don't actually begrudge them this release, but it does say something about the difference between "reasonable for me to want" and "reasonable for you to want." OK, a little more snark: "irrevocable," LoC? Are you sure about that?) http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Second Circuit narrowly interprets materiality for Lanham Act purposes

last weekIndustries / Law : 43(B)log

Apotex Inc. v. Acorda Therapeutics, Inc., --- F.3d ----, 2016 WL 2848911, No. 14–4353–cv (2d Cir. May 16, 2016) The parties compete to make tizanidine, a drug for treating spasticity. Apotex alleged that Acorda (i) filed a sham citizen...Show More Summary

Is the "Uber for X" snowclone nominative fair use?

last weekIndustries / Law : 43(B)log

That's the question posed by the following ad (HT Zach Schrag): "Turo is like Airbnb, but for real people's cars" -- USA Today, quoted in ad for Turo This snowclone is common in (often mocking) descriptions of Silicon Valley elevator...Show More Summary

Challenging competitor's TM as generic is protected by Mass. anti-SLAPP law

last weekIndustries / Law : 43(B)log

Shire City Herbals, Inc. v. Blue, 2016 WL 2757366 (D. Mass. May 12, 2016) HT Eric Goldman. Shire City sued Mary Blue and two other people for trademark infringement and false advertising-related claims based on their attacks on Shire City’s federally registered trademark, FIRE CIDER, for a herbal tonic. Show More Summary

Documentary on transformative works in France

last weekIndustries / Law : 43(B)log

French transformative fandom and its perilous legal status : Emmanuelle Debats talks about her documentaries about French fandom. Excerpts: My first reaction to fanfiction was surprise and shock. I mean I had the basic French reaction:...Show More Summary

The OTW is recruiting legal team volunteers!

2 weeks agoIndustries / Law : 43(B)log

If you're interested in supporting transformative works, and especially if you can help with the basics of running a nonprofit (no IP expertise required), please consider volunteering! http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Entitlement to disgorgement doesn't create Lanham Act standing

2 weeks agoIndustries / Law : 43(B)log

Gravelle v. Kaba Ilco Corp., 2016 WL 2644890, NO. 5:13-CV-642 (E.D.N.C. May 9, 2016) Simple, but worth having a cite: plaintiff claimed false advertising based on allegedly false patent marking. He couldn’t show that the falsity wasShow More Summary

Double play: Tyson defeats TM and false advertising claims

2 weeks agoIndustries / Law : 43(B)log

Parks, LLC v. Tyson Foods, Inc., No. 15-cv-00946 (E.D. Pa. May 10, 2016) This case involves a trademark and false advertising dispute. Previous ruling denying an injunction. Parks claimed to own “Parks” for sausages and other foods.Show More Summary

Reading list: Choreographing Copyright

2 weeks agoIndustries / Law : 43(B)log

Anthea Kraut, Choreographing Copyright: Race, Gender, and Intellectual Property Rights in American Dance: Fascinating study of the complexities of claiming rights in a world in which asserting property rights is a measure of one’s humanity—and...Show More Summary

There's no cushioning this blow: Comparative advertising is copyright fair use

2 weeks agoIndustries / Law : 43(B)log

Ashley Furniture Industries, Inc. v. American Signature, Inc., 2014 WL 11320708, No. 11–cv–427 (S.D. Ohio June 25, 2014) This 2014 case just showed up in my Westclip search and is worth noting for adding to the small but consistent body of case law holding that comparative advertising is a recognized category of copyright fair use. Show More Summary

Incarnadine: Pom's FTCA violation could've given it unclean hands against Coca-Cola

3 weeks agoIndustries / Law : 43(B)log

POM Wonderful LLC v. Coca Cola Co., No. CV 08-06237, 2016 WL 2587994 (C.D. Cal. Feb. 19, 2016) After a trip to the Supreme Court, Pom’s false advertising case against Coca-Cola ended with a verdict in favor of Coca-Cola; here, the judge...Show More Summary

In which I sue Amazon again

3 weeks agoIndustries / Law : 43(B)log

In FTC v. Amazon, the initial opinion was heavily, albeit badly, redacted. With the able assistance of Paul Alan Levy from Public Citizen, MediaPost and I have moved to unseal the opinion and the documents on which it's based, on the...Show More Summary

Off the record: Use of name in instruction card doesn't suggest endorsement

3 weeks agoIndustries / Law : 43(B)log

Martin v. Wendy’s International, Inc., 2016 WL 1730648, No. 15 C 6998 (N.D. Ill. May 2, 2016) Johannes Martin alleged that Wendy’s and Guinness World Records violated §43(a) and his Illinois right of publicity by using his identity in a 2013 promotion. Show More Summary

CFP: IP + Race, at Boston College

3 weeks agoIndustries / Law : 43(B)log

The IP + Race conference hosted by Boston College in April 2017, sponsored by Jessica Silbey, Anjali Vats, Deidre Keller, and Amit Basole, is seeking participants. They are expecting special musical guests for the conference as well – all IP and critical race related, of course. Show More Summary

Copyright Office 512 Roundtable: Open Mic

3 weeks agoIndustries / Law : 43(B)log

Official description: Panelists from previous sessions and observers may sign up at the roundtable to comment on topics discussed during earlier panels or raise and discuss other pertinent issues. David Green, NBC Universal: what should the Office do at the end of the process? Don’t undertake a rewrite of 512. Show More Summary

Copyright Office 512 Roundtable: Future of 512

3 weeks agoIndustries / Law : 43(B)log

(In homage to Jonathan Zittrain, I am giving this panel the nickname, The Future of the Internet and How To Stop It) Official description: General trends, including notice volume and other relevant empirical data; scalability and future...Show More Summary

Copyright Office 512 Roundtable: Voluntary Measures and Industry Agreements

3 weeks agoIndustries / Law : 43(B)log

Official description: Voluntary alternatives to and modifications of statutory notice-and-takedown process; best practices; collaborative efforts of content owners, service providers and others to address online infringement, including...Show More Summary

Copyright Office 512 Roundtable: Technological Strategies and Solutions

3 weeks agoIndustries / Law : 43(B)log

Official description: Infringement monitoring tools and services; automated sending of notices, including notice parameters; automated processing of notices; role of human review; identification of works through fingerprinting, hashShow More Summary

Seen on the way to the Copyright Office hearings

3 weeks agoIndustries / Law : 43(B)log

Check out the "O" in the Chinatown mural, to the right. After the Hangover II case, does LV have a cause of action? http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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