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Blog Profile / 43(B)log


URL :http://tushnet.blogspot.com/
Filed Under:Industries / Law
Posts on Regator:3083
Posts / Week:8.6
Archived Since:March 17, 2008

Blog Post Archive

Lost goodwill isn't irreparable harm without comprehensive effect on overall business

3 weeks agoIndustries / Law : 43(B)log

Via Sarah Burstein: Worldwide Diamond Trademark S, Ltd., v. Blue Nile, Inc., No. 14-cv-03521 (S.D.N.Y. Nov. 6, 2014) Worldwide sought a preliminary injunction in its patent and trade dress lawsuit against Blue Nile for allegedly copying its Hearts and Arrows trade dress/diamond design. Show More Summary

Book chapter on resisting gendered concepts of creativity

3 weeks agoIndustries / Law : 43(B)log

Rebecca Tushnet, The Romantic Author and the Romance Writer: Resisting Gendered Concepts of Creativity, in DIVERSITY IN INTELLECTUAL PROPERTY, (Irene Calboli & Srividhya Ragavan eds., Cambridge Univ. Press, forthcoming 2015). Abstract:...Show More Summary

False endorsement analyzed as explicit v. implicit falsity

3 weeks agoIndustries / Law : 43(B)log

First Data Merchant Services Corp. v. SecurityMetrics, Inc., 2014 WL 7409537, No. RDB–12–2568 (D. Md. Dec. 30, 2014) Earlier ruling excluding false endorsement survey. Even earlier ruling allowing false endorsement theory to proceed....Show More Summary

Reading list: copyrightability of plastination

3 weeks agoIndustries / Law : 43(B)log

Via Larry Solum. I haven't read this but I've been fascinated by plastination for years, and finally my interests unite. Kirill Ershov, A Macabre Fixation: Is Plastination Copyrightable?:Abstract: Dr. Gunther von Hagens invented plastination as a process to preserve anatomical specimens. Show More Summary

claims about patent might be misleading if on-sale bar clearly applied

3 weeks agoIndustries / Law : 43(B)log

Bern Unlimited, Inc. v. Burton Corp., 25 F. Supp. 3d 170 (D. Mass. 2014) Bern, which sells sports helmets, sued six competing helmet makers. It initially sued for design patent infringement, but dropped that claim and switched to trade dress infringement. Show More Summary

Affiliates are advertiser's agents

3 weeks agoIndustries / Law : 43(B)log

American Bullion, Inc. v. Regal Assets, LLC, 2014 WL 7404597, No. CV 14–01873 (C.D. Cal. Dec. 30, 2014) Regal sought reconsideration of the court’s grant of a preliminary injunction on false advertising claims, which was granted in part. Show More Summary

statements by competitors are not matters of public interest

4 weeks agoIndustries / Law : 43(B)log

Broadspring, Inc. v. Congoo, LLC, 2014 WL 7392905, No. 13–CV–1866 (S.D.N.Y. Dec. 29, 2014) As part of resolving various evidentiary issues before trial between these online advertising service competitors, the court gave guidance on some more general false advertising principles. Show More Summary

Is "following" on Twitter endorsement?

4 weeks agoIndustries / Law : 43(B)log

If William Shatner is right, does Twitter have a false endorsement/right of publicity problem when it puts sponsored accounts into celebrities' "following" lists, even with a disclaimer? Does Twitter's ToS do enough to insulate it from such claims? Via +truthinadvertising.org http://tushnet.blogspot.com/feeds/posts/default?alt=rss

I'm stuck on Choc-Aid

last monthIndustries / Law : 43(B)log

because it melted in my hands: Choc-Aid (R) Milk Chocolate bandages Note the (R). http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Accusation of "instability" actionable but use of generic term isn't confusing

last monthIndustries / Law : 43(B)log

EndoSurg Medical, Inc. v. EndoMaster Medical, Inc., No. GJH–14–2827, 2014 WL 7336691 (D. Md. Dec. 19, 2014) Plaintiff EndoSurg makes endoscope replacement components, and plaintiff EndoCure makes custom rigid and small diameter flexible endoscopes. Show More Summary

Pom Wonderful's happy new year on likely confusion

last monthIndustries / Law : 43(B)log

Pom Wonderful LLC v. Hubbard, No. 14-55253 (9th Cir. Dec. 30, 2014) The Ninth Circuit is the source of some of IP’s highest highs and its lowest lows. The reader is invited to consider where this decision fits. The district court found...Show More Summary

Transformative work of the day

last monthIndustries / Law : 43(B)log

Indiana Bones and the Raiders of the Lost Bark. Via ST. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Failure to disclose potato variety isn't misleading

last monthIndustries / Law : 43(B)log

Zuckerman Family Farms, Inc. v. Bidart Bros., No. 1:14–cv–01529, 2014 WL 7239423 (E.D. Cal. Dec. 17, 2014) Plaintiffs sued for violation of the Plant Variety Protection Act (PVPA), the Lanham Act, and California Business Practices Code section 17200 et seq. Show More Summary

Seen at the Spy Museum

last monthIndustries / Law : 43(B)log

Matzohball, an Israel Bond thriller, a new adventure of Hebrew secret agent Oy-Oy-7, by Sol Weinstein, author of Loxfinger. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

Rogers applies when film is simply named for character

last monthIndustries / Law : 43(B)log

Valencia v. Universal City Studios LLC, No. 1:14–CV–00528, 2014 WL 7240526 (N.D. Ga. Dec. 18, 2014) Valencia, professionally known as Honey Rockwell, sued Universal for invasions of privacy; fraud, false advertising, and unfair competition; and trademark dilution. Show More Summary

Sony in the Killzone: case over resolution continues

last monthIndustries / Law : 43(B)log

Ladore v. Sony Computer Entertainment America, LLC, 2014 WL 7187159, No. C–14–3530 (N.D. Cal. Dec. 16, 2014) Ladore sued Sony for allegedly false advertising of its video game Killzone: Shadow Fall. Sony allegedly represented that Killzone’s...Show More Summary

Do you have to buy the IP to buy the "company"?

last monthIndustries / Law : 43(B)log

A.Hak Industrial Services BV v. TechCorr USA, LLC, 2014 WL 7272796, No. 3:11–CV–74 (N.D. W. Va. Dec. 18, 2014) Berkeley Springs Instruments (BSI) sold certain IP rights in robotic tank inspection and cleaning technology to A.Hak. TechCorr...Show More Summary

scientific claims in ordinary ads aren't protected opinion

last monthIndustries / Law : 43(B)log

Eastman Chemical Co. v. Plastipure, Inc., 2014 WL 7271384, No. 13–51087 (5 th Cir. Dec. 22, 2014) A jury found that Plastipure (and defendant CertiChem) engaged in false advertising (discussed here). The court of appeals affirmed the entry of an injunction. Show More Summary

you can't a accuse competitor of lawbreaking when courts have ruled against you

last monthIndustries / Law : 43(B)log

Paul Davis Restoration, Inc. v. Everett, No. 14–C–1534, 2014 WL 7140038 (E.D. Wis. Dec. 12, 2014) Following a series of unsuccessful lawsuits with Paul Davis Restoration, Inc., Matthew Everett, a former franchisee, began running a radio ad: This is a business advisory. Show More Summary

irreparable harm is permissible inference, Third Circuit rules

last monthIndustries / Law : 43(B)log

Groupe SEB USA, Inc. v. Euro-Pro Operating LLC., No. 14-2767 (3d Cir. Dec. 17, 2014) District court opinion discussed here. Euro-Pro appealed the preliminary injunction against it based on Lanham Act false advertising claims against its advertising for its steam irons. Show More Summary

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